11th District judges deny appeal of Trumbull County man in burglary case
The 11th District Court of Appeals on Monday affirmed the conviction and prison sentence of Darrell Sims, 53, who is serving a six-year term at Madison Correctional Institution.
Sims pleaded guilty in May 2023 to two counts of second-degree burglary, and Trumbull County Common Pleas Judge Ronald Rice sentenced him to consecutive three-year sentences, which were the basis of Sims’ appeal to the 11 th District judges.
Sims’ lawyer contended the trial court improperly applied state law when imposing the consecutive sentences, claiming the court did not properly apply the purposes, principles and factors of sentencing.
What did the judges say?
However, appellate Judge John J. Eklund wrote that the argument “is misguided” saying the law “requires that a court be ‘guided’ by the overriding purposes and principles while (the law) generally grants a court discretion to determine the most effect way to ‘comply’ with them and to ‘consider’ certain factors in doing so.”
Eklund was joined in the opinion by 11th District Judges Mary Jane Trapp and Matt Lynch.
According to a police report, the burglary took place in September 2022 in the 900 block of West Market Street. A victim in a wheelchair was reportedly burned after a cup of boiling water was thrown in his face, the report states.
Sims’ attorney was Sean P. Martin of Jefferson, Ohio, while the state was represented by assistant Prosecutor Ryan J. Sanders.
CONNECT WITH US
WEB SITE ► https://www.mahoningmatters.com
DAILY NEWS EMAIL ► https://www.mahoningmatters.com/customer-service/newsletter-signup/
FACEBOOK ► https://www.facebook.com/mahoningmatters
TWITTER ► https://twitter.com/mahoningmatters
YOUTUBE ► https://www.youtube.com/@mahoningmatters2814
INSTAGRAM ► https://www.instagram.com/mahoningmatters
SUPPORT US ► https://givebutter.com/vNfzEW