State v. Hawkins

<p>[Cite as State v. Hawkins, 2020-Ohio-5103.] IN THE COURT OF APPEALS OF OHIO SECOND APPELLATE DISTRICT CHAMPAIGN COUNTY : STATE OF OHIO : : Appellate Case No. 2019-CA-34 Plaintiff-Appellee : : Trial Court Case No. 2019-CR-214 v. : : (Criminal Appeal from GEORGE H. HAWKINS : Common Pleas Court) : Defendant-Appellant : ........... OPINION Rendered on the 30th day of October, 2020. ........... SAMUEL ADAM USMANI, Atty. Reg. No. 0097223, Champaign County Prosecutor’s Office, Appellate Division, 200 North Main Street, Urbana, Ohio 43078 Attorney for Plaintiff-Appellee THOMAS M. KOLLIN, Atty. Reg. No. 0066964, 3725 Pentagon Boulevard, Suite 270, Beavercreek, Ohio 45431 Attorney for Defendant-Appellant ............. FROELICH, J. -2- {¶ 1} George H. Hawkins pled guilty in the Champaign County Court of Common Pleas to an amended charge of domestic violence, in violation of R.C. 2919.25(A), a felony of the fourth degree. Hawkins was on post-release control when the offense occurred. The trial court sentenced Hawkins to 18 months in prison for the domestic violence. Pursuant to R.C. 2929.141, the trial court also terminated his post-release control and imposed 832 days in prison, to be served consecutively to the 18-month sentence. Hawkins appeals from his conviction, challenging his sentence. For the following reasons, the trial court’s judgment will be affirmed. I. Facts and Procedural History {¶ 2} At Hawkins’s plea hearing, the prosecutor provided the following underlying facts. * * * Champaign County Sheriff Deputies were dispatched August 16, 2019, herein in Champaign County, Ohio, to 8377 Urbana Woodstock Pike in Rush Township, on a report of a female crying in a vehicle. The female made her way to 265 West Elm Street in North Lewisburg and called 911 from that location. Law enforcement was able to identify this individual * * *. [The victim] indicated that she was the victim of a domestic violence incident between herself and the Defendant. The Defendant, she indicated, is the father of her daughter. And that they were coming home from some sort of celebratory gathering. And while they were driving in the motor vehicle she indicates that the Defendant became angry for an unknown reason, pinned her back by striking her in the chest, -3- grabbed the steering wheel of the motor vehicle while it was moving, and, from her perspective, attempted to crash the vehicle. The [victim] stated that Defendant hit her in the arm. * * * [T]he Defendant was also intoxicated at the time this occurred. The Defendant was subsequently located by law enforcement and was found to be intoxicated. He was interviewed and denied – at the time he denied engaging in the domestic violence incident as described by [the victim]. * * * {¶ 3} Hawkins was indicted on one count of domestic violence, a third-degree felony based on an additional allegation in the indictment that Hawkins had previously pleaded guilty to or been convicted of six offenses of domestic violence. The parties subsequently reached an agreement that Hawkins would plead guilty to an amended charge of domestic ...</p><br>
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