State v. Roman

[Cite as State v. Roman, 

.]


                            IN THE COURT OF APPEALS OF OHIO
                                SIXTH APPELLATE DISTRICT
                                     WOOD COUNTY


State of Ohio                                        Court of Appeals No. WD-25-018

        Appellee                                     Trial Court No. 2024 CR 134

v.

Robert Roman                                         DECISION AND JUDGMENT

        Appellant                                    Decided: November 18, 2025

                                              …

        Paul Dobson, Wood County Prosecuting Attorney, and
        David Harold, Assistant Prosecuting Attorney, for appellee.

        W. Alex Smith, for appellant.

                                              …
        OSOWIK, J.

        {¶ 1} We sua sponte place this matter on the accelerated calendar pursuant

to App.R. 11.1(A), and this judgment entry is not an opinion of the court.

See S.Ct.R.Rep.Op.3.1; App.R. 11.1(E); 6th Dist.Loc.App.R. 12. Having reviewed the

record, we find appellant's single assignment of error not well-taken as a matter of law.

                                        Procedural History
        {¶ 2} On April 18, 2024, Robert Roman was indicted by the Wood County Grand

Jury for a violation of R.C. 2929.13(A)(2) and 2923.13(B), Having Weapons Under

Disability, which was a felony of the third degree based upon his previous convictions for

felony offenses of violence.
       {¶ 3} On August 1,2024, he pleaded guilty to that charge. Roman does not appeal

anything involving his guilty plea.

       {¶ 4} On April 8, 2025, he was sentenced to a prison term of 36 months, which

was to be served consecutively with his prison terms arising from Lucas County. In that

light, Roman also does not appeal the consecutive nature of his prison sentences.

                                 Assignment of Error:

       THE TRIAL COURT ERRED BY IMPOSING A MAXIMUM SENTENCE,
       AS THE RECORD DOES NOT SUPPORT THAT THE SENTENCE IS
       NECESSARY TO ACHIEVE THE PRINCIPLES AND PURPOSES OF
       FELONY SENTENCING AND IS THEREFORE CONTRARY TO LAW.

       {¶ 5} In his single assignment of error, appellant argues that the imposition of a

maximum sentence is contrary to law because the record does not support that it is the

"minimum sanction" necessary to achieve the purposes of sentencing. He further argues

that he expressed sincere remorse and took full responsibility for his actions. Roman

claims that his efforts at rehabilitation were dismissed by the trial court and therefore, the

court failed to conduct the balanced analysis required by R.C. 2929.11 and R.C. 2929.12.

       {¶ 6} We have repeatedly held that as a result of the Ohio Supreme Court's holding

in State v. Jones, 

, that we are prohibited, as a matter of law, from

reviewing whether a trial court erred in its consideration of R.C. 2929.11 and R.C.

2929.12 when it imposed sentence. State v. Bowles, 

, ¶ 9 (6th Dist.),

citing State v. Toles, 

 (appeals based solely on a trial court's alleged error

in considering R.C. 2929.11 and 2929.12 are “subject to summary resolution as a matter

of law”). See also State v. Rowell, 

 (6th Dist.).
      {¶ 7} Appellant's assigned error falls squarely within this prohibition and,

therefore, we find it not well-taken. Pursuant to App.R. 12(B), we affirm the judgment of

the Wood County Court of Common Pleas. Appellant is ordered to pay the costs of this

appeal pursuant to App.R. 24.

                                                                       Judgment affirmed.

      A certified copy of this entry shall constitute the mandate pursuant to App.R. 27.

See also 6th Dist.Loc.App.R. 4.




 Thomas J. Osowik, J.
                                                                 JUDGE

 Gene A. Zmuda, J.
                                                                 JUDGE

 Charles E. Sulek, P.J.
 CONCUR.                                                         JUDGE


       This decision is subject to further editing by the Supreme Court of
  Ohio’s Reporter of Decisions. Parties interested in viewing the final reported
       version are advised to visit the Ohio Supreme Court’s web site at:
                http://www.supremecourt.ohio.gov/ROD/docs/.