[Cite as State v. Tullio,
2025-Ohio-206.]
IN THE COURT OF APPEALS OF OHIO
SEVENTH APPELLATE DISTRICT
MAHONING COUNTY
STATE OF OHIO,
Plaintiff-Appellee,
v.
ROBERT J. TULLIO,
Defendant-Appellant.
OPINION AND JUDGMENT ENTRY
Case No. 24 MA 0068
Criminal Appeal from the
Court of Common Pleas of Mahoning County, Ohio
Case No. 22 CR 583
BEFORE:
Mark A. Hanni, Cheryl L. Waite, Carol Ann Robb, Judges.
JUDGMENT:
Affirmed.
Atty. Lynn Maro, Mahoning County Prosecutor, and Atty. Edward A. Czopur, Assistant
Prosecuting Attorney, for Plaintiff-Appellee and
Atty. James R. Wise, for Defendant-Appellant.
Dated: January 21, 2025
–2–
HANNI, J.
{¶1} Defendant-Appellant, Robert J. Tullio, appeals from a July 11, 2024
Mahoning County Common Pleas Court judgment sentencing him to a total of 44.5 years
to life in prison after a jury found him guilty of 3 counts of rape and 10 counts of gross
sexual imposition (GSI). He also entered a guilty plea to 3 counts of pandering obscenity
to a minor. All of these offenses were committed against two of his step-daughters and
a step-granddaughter.
{¶2} Appellant asserts that sufficient evidence does not support his convictions
on Counts 15 and 16 for GSI involving M.R., one of his step-daughters. He further
contends that the trial court erred in sentencing him because it failed to consider the
guidelines outlined in R.C. 2929.11, et seq.
{¶3} For the following reasons, we find that sufficient evidence supports Counts
15 and 16 for GSI and the court properly considered R.C. 2929.11, et seq. when it
sentenced Appellant.
{¶4} On February 16, 2023, a Mahoning County Grand Jury issued a
superseding indictment alleging that Appellant committed sexual offenses against his
step-granddaughter I.H. and his step-daughter H.R.
{¶5} Appellant was also indicted for committing the following offenses against
his step-daughter M.R., who was born on September 4, 1987:
1 count of GSI in violation of R.C. 2907.05(A)(4), a third-degree felony,
which allegedly occurred on or about September 4, 1997 through
September 3, 2000 (Count 15); and
1 count of GSI in violation of R.C. 2907.05(A)(1), a fourth-degree felony,
which allegedly occurred on or about September 4, 2000 through December
31, 2003 (Count 16).
{¶6} The Mahoning County Grand Jury also indicted Appellant on ten counts of
pandering obscenity involving a minor in violation of R.C. 2907.321(A)(5) and (C) on
October 6, 2022, fourth-degree felonies (Counts 17-26).
Case No. 24 MA 0068
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{¶7} On May 9, 2023, the court granted Appellant’s motion to sever the
pandering obscenity counts from the rest of the counts. Appellant later entered a guilty
plea to Counts 17-19 and the State dismissed Counts 20-26.
{¶8} On April 9, 2024, a jury heard Appellant’s case on the remaining counts,
with I.H., M.R., and H.R., among others, testifying for the State. The jury found Appellant
guilty on all Counts in the superseding indictment, except for the rape offenses in Counts
1, 4, and 5.
{¶9} On June 26, 2024, the trial court issued a judgment entry sentencing
Appellant to: 5 years of imprisonment on each of Counts 2 and 3, to be served
consecutively to each other; 18 months of imprisonment on each of Counts 6, 7, 8, to be
served consecutively to each other and all previous Counts; 10 years to life in prison each
on Counts 9 and 10, to be served consecutively to each other and all prior Counts; 5
years of imprisonment on Count 11, to run consecutively to all prior Counts; 1 year of
imprisonment each for Counts 12, 13, and 14, to be served concurrently to one another
and concurrently to all prior Counts; 5 years in prison for Count 15, to be served
consecutively to Counts 2, 3, 6, 7, 8, 9, 10, and 11 and concurrently to all other prior
Counts; and 1 year in prison on Count 16, to be served concurrently to all other Counts.
(J.E. Sent. June 26, 2024). Appellant was sentenced to a total of 44.5 years to life in
prison and designated a Tier III Sex Offender. (J.E. Sent. June 26, 2024).
{¶10} On July 11, 2024, Appellant entered a guilty plea to Counts 17-19 of the
superseding indictment and the State moved to dismiss Counts 20-26. The State agreed
to recommend a three year prison sentence to be served concurrently to his sentence on
the other Counts in the indictment. The court held a plea hearing and accepted
Appellant’s guilty plea and the jointly recommended sentence. The court sentenced
Appellant to one year on each Count in Counts 17-19 and ran them consecutively to each
other but concurrently with the other Counts.
{¶11} On July 23, 2024, Appellant filed a notice of appeal asserting two
assignments of error.
{¶12} Appellant’s first assignment of error states:
THE CONVICTION OF THE DEFENDANT (COUNTS 15 AND 16) FOR
GROSS SEXUAL IMPOSITION WAS WITHOUT SUFFICIENT EVIDENCE
Case No. 24 MA 0068
–4–
IN WHICH TO CONVICT THE DEFENDANT AND THE VERDICT WAS
AGAINST THE WEIGHT OF THE EVIDENCE.
{¶13} Appellant asserts that sufficient evidence does not support his GSI
convictions as to M.R. and those convictions were against the manifest weight of the
evidence. He cites the definition of “sexual contact” in R.C. 2907.01(B) and contends that
such conduct was not established at trial to sustain his GSI convictions under R.C.
2907.05. He also contends that no evidence established that he was sexually aroused
or gratified in order to establish sexual contact. He cites to M.R.’s testimony that he was
“dry humping” her without explaining its meaning and he contends that she did not testify
as to sexual arousal or gratification.
{¶14} Sufficiency of the evidence is the legal standard applied to determine
whether the case may go to the jury or whether the evidence is legally sufficient as a
matter of law to support the verdict. State v. Smith, 80 Ohio St.3d 89, 113 (1997).
Sufficiency is a test of adequacy. State v. Thompkins,
1997-Ohio-52 (1997). Whether
the evidence is legally sufficient to sustain a verdict is a question of law.
Id. In reviewing
the record for sufficiency, the relevant inquiry is whether, after viewing the evidence in the
light most favorable to the prosecution, any rational trier of fact could have found the
essential elements proven beyond a reasonable doubt. Smith,
80 Ohio St.3d at 113.
When evaluating the sufficiency of the evidence to prove the elements, it must be
remembered that circumstantial evidence has the same probative value as direct
evidence. State v. Thorn,
2018-Ohio-1028, ¶ 34 (7th Dist.), citing State v. Jenks,
61 Ohio
St.3d 259, 272-273 (1991) (superseded by state constitutional amendment on other
grounds).
{¶15} In determining whether a verdict is against the manifest weight of the
evidence, an appellate court must review the entire record, weigh the evidence and all
reasonable inferences and determine whether, in resolving conflicts in the evidence, the
jury clearly lost its way and created such a manifest miscarriage of justice that the
conviction must be reversed and a new trial ordered. Thompkins, 1997-Ohio-52. “Weight
of the evidence concerns ‘the inclination of the greater amount of credible evidence,
offered in a trial, to support one side of the issue rather than the other.’”
Id. (Emphasis
sic.). In making its determination, a reviewing court is not required to view the evidence
Case No. 24 MA 0068
–5–
in a light most favorable to the prosecution but may consider and weigh all of the evidence
produced at trial. Id. at 390.
{¶16} Only when “it is patently apparent that the factfinder lost its way,” should an
appellate court overturn the jury verdict. Id., citing State v. Woullard, 2004-Ohio-3395,
(2d Dist.). If a conviction is against the manifest weight of the evidence, a new trial is to
be ordered. Thompkins, supra, at 387. “No judgment resulting from a trial by jury shall
be reversed on the weight of the evidence except by the concurrence of all three judges
hearing the cause.” State v. Miller,
2002-Ohio-4931, ¶ 36, quoting Ohio Const., art. IV,
§ 3(B)(3).
{¶17} The jurors are free to believe some, all, or none of each witness' testimony
and they may separate the credible parts of the testimony from the incredible parts. State
v. Barnhart, 2010-Ohio-3282, ¶ 42 (7th Dist.), citing State v. Mastel,
26 Ohio St.2d 170,
176 (1971). When there are two fairly reasonable views of the evidence or two conflicting
versions of events, neither of which is unbelievable, this Court will not choose which one
is more credible. State v. Gore,
131 Ohio App.3d 197, 201 (7th Dist.1999).
{¶18} Count 15 of the superseding indictment provided that Appellant:
On or about 9/4/1997 through 9/3/2000, … did have sexual contact with
M.R. (DOB 9/4/1987), not his spouse, and the age of M.R. was less than
thirteen years of age, whether or not Robert J. Tullio knew the age of that
person, in violation of Section 2907.05(A)(4) of the Ohio Revised Code, a
Felony of the Third Degree, and against the peace and dignity of the State
of Ohio.
{¶19} Count 16 of the superseding indictment provided that Appellant:
On or about 9/4/2000 through 12/31/2003, … did have sexual contact with
M.R. (DOB 9/4/1987), not his spouse, by purposely compelling such
person(s) to submit by force or threat of force, in violation of Section
2907.05(A)(1) of the Ohio Revised Code, a Felony of the Fourth Degree,
and against the peace and dignity of the State of Ohio.
{¶20} R.C. 2907.05(A)(1) provides the following:
Case No. 24 MA 0068
–6–
No person shall have sexual contact with another, not the spouse of
the offender; cause another, not the spouse of the offender, to have sexual
contact with the offender; or cause two or more other persons to have
sexual contact when any of the following applies:
(1) The offender purposely compels the other person, or one of the other
persons, to submit by force or threat of force.
...
(4) The other person, or one of the other persons, is less than thirteen years
of age, whether or not the offender knows the age of that person.
{¶21} “Sexual contact” is defined under R.C. 2907.01(B) as “any touching of an
erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic
region, or, if the person is a female, a breast, for the purpose of sexually arousing or
gratifying either person.” The statute does not define sexual arousal or sexual
gratification.
{¶22} However, the statute contemplates “any touching of the statutorily
described areas that a reasonable person would perceive as sexually stimulating or
gratifying.” Thus, proof of actual arousal or gratification is not necessary. State v.
Slusarczyk, 2024-Ohio-4790, ¶ 66 (8th Dist.), quoting State v. Edwards,
2003-Ohio-998,
¶ 24 (8th Dist.), (quoting State v. Maybury,
1994 WL 422300 (8th Dist. Aug. 11, 1994).
Further, “sexual contact” includes “any nonconsensual physical touching, even through
clothing, of the body of another.” State v. Jones,
2006-Ohio-5249, ¶ 15 (8th Dist.), citing
State v. Ackley,
2002-Ohio-6002 (C.P.).
{¶23} There need not be direct testimony regarding sexual arousal or gratification
in order to sustain a conviction for GSI. State v. Robinson, 2015-Ohio-4533, ¶ 42 (12th
Dist.), citing State v. Meredith,
2005-Ohio-062, ¶ 13 (12th Dist.). In Slusarczyk, 2024-
Ohio-4790, ¶ 66, the Eighth District Court of Appeals relied upon considerations outlined
by the Twelfth District when determining the existence of sexual arousal or gratification
under the statute:
Case No. 24 MA 0068
–7–
Whether the touching or contact was performed for the purpose of
sexual arousal or gratification is a question of fact to be inferred from the
type, nature, and circumstances of the contact. [State v. Meredith, 12th
Dist. Warren No. CA2004-06-062, 2005-Ohio-2664, ¶ 13], citing [In re
Anderson, 116 Ohio.App.3d 441, 443, 688 N.E.2d 545 (12th Dist.1996)],
and State v. Mundy, 99 Ohio App.3d 275, 289,
650 N.E.2d 502 [(2d
Dist.1994)]. In determining the defendant's purpose, the trier of fact may
infer what the defendant's motivation was in making physical contact with
the victim. Meredith, citing Mundy and [State v. Cobb, 81 Ohio App.3d 179,
185,
610 N.E.2d 1009 (9th Dist.1991)]. ‘If the trier of fact determines that
the defendant was motivated by desires of sexual arousal or gratification,
and that the contact occurred, then the trier of fact may conclude that the
object of the defendant's motivation was achieved.’ Cobb [at 185]. (quoting
In re A.L., 2006-Ohio-4329, ¶ 20 (12th Dist.)).
{¶24} Appellant cites to M.R.’s direct testimony, which stated the following:
Q: Okay. Did he ever penetrate you?
A: No.
Q: Did he ever have you perform any kind of sexual acts on him?
A: No.
Q: And did he perform any kind of acts on you other than the dry
humping that you talked about?
A: No.
(Trial Tr. 332).
{¶25} Appellant asserts that M.R. did not describe “dry humping” except to further
state:
Q: What would he do when you cuddled?
Case No. 24 MA 0068
–8–
A: You know, we would be laying on the couch.
...
I remember times where there was like dry humping or he was getting some
sort of enjoyment just from, you know, I guess me trying to just cuddle up
and watch a movie.
(Trial Tr. 322).
{¶26} Appellant also asserts that there was no testimony or evidence to establish
that he was sexually aroused or gratified.
{¶27} Viewing M.R.’s testimony in a light most favorable to the State, a rational
trier of fact could have reasonably inferred that Appellant derived sexual motivation or
gratification by touching M.R. between her legs. Further, M.R. provided testimony in
addition to that cited by Appellant that suffices for an inference of sexual arousal or
gratification.
{¶28} At trial, M.R. was 36 years old. (Trial Tr. 316). She testified that she was 8
to 18 years old during Appellant’s marriage to her mother. (Trial Tr. 317). She stated
that Appellant and her mother married quickly because her mother was pregnant and she
did not know Appellant well when he moved in. (Trial Tr. 318). She recalled that she was
not close to her biological father and Appellant became a father figure to her and her
sister, H.R. (Trial Tr. at 319).
{¶29} M.R. explained that her mother worked nights and Appellant would care for
her and her siblings. (Trial Tr. 320). She related that from ages 8 through 11, Appellant
would cuddle and play-wrestle with her and sometimes it became “quite uncomfortable.”
(Trial Tr. 321-322).
{¶30} M.R. testified that Appellant would “open-mouth” kiss and “dry hump” her in
a way that he was “getting some sort of enjoyment just from, you know, I guess me trying
to just cuddle up and watch a movie.” (Trial Tr. 322). She stated that it was “more than
occasional and it was uncomfortable.” (Trial Tr. 326). She testified that Appellant rubbed
up mostly against her backside. (Trial Tr. 326). She remembered that the “dry humping”
occurred when she was laying on top of him and they would watch movies. (Trial Tr.
Case No. 24 MA 0068
–9–
323). M.R. further testified that Appellant would tickle her between her legs over her
vaginal area “[a]nd it would be very rough, roughhouse sometimes.” (Trial Tr. 322-323).
{¶31} When asked if Appellant put his hand in her pants, M.R. testified, “No, just,
you know, through the pants with the tickling and stuff, I do remember things like that;
but, no.” (Trial Tr. 323). The prosecution asked: “Q: Okay. So when he would tickle
you, you said he would touch you over the pants in your vaginal area?” (Trial Tr. 323).
M.R. responded, “Yes,” and further testified: “More, you know, when we were younger, I
think, because it did become very rough at times. It wasn’t - - it wasn’t fun, it wasn’t
enjoyable anymore.” (Trial Tr. 323). M.R. further testified that at the time, she did not
realize it was inappropriate behavior and it was not until she attended years of therapy
that she realized that Appellant was grooming her. (Trial Tr. 325).
{¶32} This testimony constitutes sufficient evidence that Appellant committed GSI
as to M.R. While Appellant did not touch M.R. under her clothes, M.R. testified that
Appellant did touch her vaginal area over her clothes and it became rough at times. She
further testified that as she lay on top of him watching movies, he rubbed up mainly
against her backside and got some kind of enjoyment out of it.
{¶33} In addition, we find that the conviction is not against the manifest weight of
the evidence. The jury chose to believe M.R.’s testimony that Appellant touched her
vaginal area, rubbed against her backside, got some kind of pleasure from it, and
sometimes did it roughly. The jury could freely choose to discredit Appellant’s testimony
that he was a “touchy-feely” person and often play-wrestled, tickled, and cuddled on the
couch with M.R., H.R., and I.H. (Trial Tr. 417-418). He denied touching any of the girls
inappropriately and testified that I.H. made up the allegations because she wanted to be
on her own. (Trial Tr. 448). Simply because the jury believed M.R. and the State’s version
of events over that of Appellant does not establish that the conviction was against the
manifest weight. Slusarczyk, 2024-Ohio-4790, ¶ 70.
{¶34} Accordingly, Appellant’s first assignment of error lacks merit and is
overruled.
{¶35} In his second assignment of error, Appellant asserts:
Case No. 24 MA 0068
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THE TRIAL COURT’S SENTENCE OF THE DEFENDANT WAS
CONTRARY TO LAW, FAILING TO TAKE INTO CONSIDERATION THE
GUIDELINES SET FORTH IN O.R.C. 2929.11, ET SEQ.
{¶36} Appellant quotes the sentencing statute and the trial court’s statement at
sentencing that, “[t]he victims, two of them did speak, and I heard their comments and the
sentence that I did pronounce was based on those factors.” (Sent. Tr.).
{¶37} The following constitutes the entirety of Appellant’s argument under this
assignment of error:
The Defendant in this case was 56 years old at the time of sentencing. He
is first eligible for parole when he is 101 years old. Certainly, a prison term
less than 44.5 years to life is warranted in this case. The effect of this
sentence is life without parole. Additionally, the Court failed to take into
consideration the Defendant’s military service pursuant to O.R.C.
2929.12(F).
(Appellant’s Br. 7-8).
{¶38} It appears from his limited argument that Appellant challenges both the
court’s sentence under R.C. 2929.11 and the imposition of consecutive sentences under
R.C. 2929.14. In the Conclusion portion of his Brief, Appellant requests that this Court
reduce his sentences and order the sentences to run concurrently because the trial court
failed to comply with R.C. 2929.11(A). Thus, we address both statutes.
{¶39} “[A]n appellate court may vacate or modify a felony sentence on appeal only
if it determines by clear and convincing evidence that the record does not support the trial
court's findings under relevant statutes or that the sentence is otherwise contrary to law.”
State v. Marcum, 2016-Ohio-1002, ¶ 1. A sentence is clearly and convincingly contrary
to law in the following circumstances: (1) if it falls outside of the statutory range for the
particular degree of offense; (2) if the trial court fails to properly consider the purposes
and principles of felony sentencing under R.C. 2929.11 and the seriousness and
recidivism factors in R.C. 2929.12; or (3) if the trial court orders consecutive sentences
and does not make the necessary consecutive sentence findings. State v. Chappell,
Case No. 24 MA 0068
– 11 –
2024-Ohio-1541, ¶ 36 (7th Dist.), citing State v. Pendland,
2021-Ohio-1313, ¶ 41 (7th
Dist.).
{¶40} In State v. Jones, 2020-Ohio-6729, the Ohio Supreme Court modified an
appellate court's review of felony sentences. The Court reviewed the appellate standard
of review for felony sentences announced in Marcum and clarified that “[n]othing in R.C.
2953.08(G)(2) permits an appellate court to independently weigh the evidence in the
record and substitute its judgment for that of the trial court concerning the sentence that
best reflects compliance with R.C. 2929.11 and 2929.12.” Id. at ¶ 42.
{¶41} Appellant does not assert that the sentences were outside of the statutory
ranges. Rather, he asserts that the trial court made no required findings under R.C.
2929.11 or R.C. 2929.14(C)(4).
{¶42} R.C. 2929.11 outlines the overriding purposes of felony sentencing. R.C.
2929.11(A) provides that the overriding purposes of felony sentencing are to:
protect the public from future crime by the offender and others, to punish
the offender, and to promote the effective rehabilitation of the offender using
the minimum sanctions that the court determines accomplish those
purposes without imposing an unnecessary burden on state or local
government resources.
{¶43} The statute further provides that a court accomplishes these purposes by
considering “the need for incapacitating the offender, deterring the offender and others
from future crime, rehabilitating the offender, and making restitution to the victim of the
offense, the public, or both.” R.C. 2929.11(A). The court must also impose a felony
sentence that is “reasonably calculated” to accomplish the purposes prescribed in R.C.
2929.11(A) and to do so in a manner that is “commensurate with and not demeaning to
the seriousness of the offender's conduct and its impact on the victim, and consistent with
sentencings imposed for similar crimes committed by similar offenders.” R.C. 2929.11(B).
{¶44} R.C. 2929.12(B) and (C) outline factors that a court must consider in
determining whether the offender's conduct is more serious or less serious than conduct
that normally constitutes the offense. R.C. 2929.12(D) and (E) require the trial court to
consider specified factors to determine whether the offender is likely to reoffend. These
Case No. 24 MA 0068
– 12 –
factors include whether at the time of the committed offense, the offender was under
community control and whether the offender was previously adjudicated a delinquent
child. R.C. 2929.12(D)(1).
{¶45} As to consecutive sentences, R.C. 2929.14(C)(4) provides that:
(4) If multiple prison terms are imposed on an offender for convictions of
multiple offenses, the court may require the offender to serve the prison
terms consecutively if the court finds that the consecutive service is
necessary to protect the public from future crime or to punish the offender
and that consecutive sentences are not disproportionate to the seriousness
of the offender's conduct and to the danger the offender poses to the public,
and if the court also finds any of the following:
(a) The offender committed one or more of the multiple offenses while the
offender was awaiting trial or sentencing, was under a sanction imposed
pursuant to section 2929.16, 2929.17, or 2929.18 of the Revised Code, or
was under post-release control for a prior offense.
(b) At least two of the multiple offenses were committed as part of one or
more courses of conduct, and the harm caused by two or more of the
multiple offenses so committed was so great or unusual that no single
prison term for any of the offenses committed as part of any of the courses
of conduct adequately reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates that consecutive
sentences are necessary to protect the public from future crime by the
offender.
{¶46} The trial court addressed R.C. 2929.11, 2929.12 and 2929.14 at the May 9,
2024 sentencing hearing and in its June 26, 2024 judgment entry. At the hearing, the
court specifically cited R.C. 2929.11, 2929.12, and 2929.13 and explained that its
sentence was in accordance with those statutes. (Sent. Tr. 5/9/24 at 28). The court
explained that those statutes addressed the purposes and principles of sentencing, which
included protecting the public from future crime by Appellant and punishing him by using
Case No. 24 MA 0068
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the minimum sanctions that would accomplish those purposes without undue burden on
state resources. (Sent. Tr. 5/9/24 at 28). The court further indicated that it had considered
the need for incarcerating Appellant, deterring Appellant, rehabilitating him, and providing
for restitution. (Sent. Tr. 5/9/24 at 28). The court also noted that the sentence was not
based on impermissible purposes and was consistent with other sentences and was
proportional to the harm caused to the victims. (Sent. Tr. 5/9/24 at 28-29).
{¶47} The court further found at the hearing that it considered the seriousness
and recidivism factors under R.C. 2929.12 and the degree of the felonies under R.C.
2929.13. (Sent. Tr. 5/9/24 at 29). The court held that weighing the purposes and
principles, Appellant was not amenable to community control and not imposing a prison
sentence would demean the seriousness of his conduct and actions on the community
and the harm caused to the victims. (Sent. Tr. at 29). The court also reasoned at the
hearing that it had heard the testimony of the victims, considered their young ages at the
times of the incidents, and weighed the impact that it had on them. (Sent. Tr. 5/9/24 at
26-27). These findings satisfy R.C. 2929.11.
{¶48} The court also explained at the sentencing hearing that it imposed
consecutive sentences because they were necessary to protect the public from
Appellant's future crimes and to punish him. (Sent. Tr. 5/9/24 at 33). The court further
found that consecutive sentences were not disproportionate to the seriousness of
Appellant's conduct and to the danger he posed to the public. (Sent. Tr. 5/9/24 at 33).
The court additionally found that Appellant's offenses were part of a course of conduct
that no single prison term imposed for any of the committed offenses in that pattern of
conduct would adequately reflect the seriousness of Appellant's conduct. (Sent. Tr.
5/9/24 at 34).
{¶49} At the July 8, 2024 sentencing hearing as to the pandering obscenity
convictions, the court also reviewed the R.C. 2929.11, 2929.12, 2929.13 and 2929.14
factors in imposing the agreed-upon sentence for those convictions. (Sent. Tr. 7/8/24 at
13-14).
{¶50} In addition, the court cited to R.C. 2929.11, 2929.12, 2929.13, and 2929.14
in its June 26, 2024 sentencing entry. The court indicated that it considered the factors
under each statute, and balanced the factors as required under R.C. 2929.12. The court
Case No. 24 MA 0068
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held that Appellant was not amenable to community control and prison was the only
sanction that was consistent with the statutes for sentencing. The court also explained
that it was imposing consecutive sentences because of the need to protect the public
from the commission of future crimes by Appellant and punishing Appellant. The court
additionally held that consecutive sentences were not disproportionate to the seriousness
of Appellant’s conduct and to the danger he posed to the public. Finally, the court
explained that imposing maximum sentences as to some of the counts was necessary
because he committed the worst form of the crime, it was necessary to protect the public
from commission of crimes by Appellant in the future.
{¶51} These findings establish that the trial court considered the felony sentencing
statutes and considered the relevant statute in imposing consecutive sentences.
{¶52} Accordingly, Appellant’s second assignment of error lacks merit and is
overruled.
{¶53} For the above reasons, both of Appellant’s assignments of error lack merit
and we affirm the trial court’s judgment.
Waite, J., concurs.
Robb, P.J., concurs.
Case No. 24 MA 0068
[Cite as State v. Tullio, 2025-Ohio-206.]
For the reasons stated in the Opinion rendered herein, the assignments of error
are overruled and it is the final judgment and order of this Court that the judgment of the
Court of Common Pleas of Mahoning County, Ohio, is affirmed. Costs to be waived.
A certified copy of this opinion and judgment entry shall constitute the mandate in
this case pursuant to Rule 27 of the Rules of Appellate Procedure. It is ordered that a
certified copy be sent by the clerk to the trial court to carry this judgment into execution.
NOTICE TO COUNSEL
This document constitutes a final judgment entry.
