[Cite as State v. Hackathorn, 2023-Ohio-410.]

IN THE COURT OF APPEALS OF OHIO

ELEVENTH APPELLATE DISTRICT

LAKE COUNTY

STATE OF OHIO,

Plaintiff-Appellee,

- vs -

ANDREW M. HACKATHORN,

Defendant-Appellant.

CASE NO. 2022-L-064

Criminal Appeal from the

Court of Common Pleas

Trial Court No. 2022 CR 000349

O P I N I O N

Decided: February 13, 2023

Judgment: Affirmed

Charles E. Coulson, Lake County Prosecutor, and Kristi L. Winner, Assistant Prosecutor, 

Lake County Administration Building, 105 Main Street, P.O. Box 490, Painesville, OH 

44077 (For Plaintiff-Appellee).

Vanessa R. Clapp, Lake County Public Defender, and Jamie R. Eck, Assistant Public 

Defender, 125 East Erie Street, Painesville, OH 44077 (For Defendant-Appellant).

JOHN J. EKLUND, P.J.

{¶1} Appellant, Andrew Hackathorn, appeals his sentence after entering a plea 

of guilty to Theft from a Person of a Protected Class, a third-degree felony, in violation of 

R.C. 2913.02(A)(3). For the following reasons, we affirm the judgment of the Lake County

Court of Common Pleas. 

{¶2} On May 3, 2022, Appellant plead guilty to Theft from a Person of a Protected 

Class after intentionally deceiving an elderly woman into giving him approximately 

$72,000.00. 
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{¶3} On June 15, 2022, the court held a sentencing hearing. Appellant 

expressed his remorse and explained that his drug addiction caused him to behave the 

way he had. Appellant asked for community control instead of imprisonment so he could

treat his drug addiction. The prosecutor objected to sentencing Appellant to community 

control and, with reference to the pre-sentence investigation, noted that Appellant had 

been a drug addict for thirty years, started NEOCAP in 2010, and since then has also 

tried the drug suboxone to stop his addiction, attended multiple twelve-step meetings, 

and, in 2018, for an unrelated crime, the court sentenced him to community control, which 

included treatment for his drug addiction. Each attempt at treatment had been 

unsuccessful and Appellant continued his addiction. The court then stated that it 

considered all aspects of R.C. 2929.11 and 2929.12, and sentenced Appellant to thirtysix months imprisonment. 

{¶4} Appellant timely appeals and raises one assignment of error. 

{¶5} Assignment of error: The trial court erred by sentencing the defendantAppellant to the maximum prison term of thirty-six months, as the trial court’s findings with 

respect to R.C. 2929.11 and 2929.12 were unsupported by the record and contrary to 

law. 

{¶6} Our standard of review for felony sentencing is provided by R.C. 

2953.08(G)(2): 

The appellate court may increase, reduce, or otherwise modify a sentence 

that is appealed under this section or may vacate the sentence and remand 

the matter to the sentencing court for resentencing. The appellate court's 

standard for review is not whether the sentencing court abused its 

discretion. The appellate court may take any action authorized by this 

division if it clearly and convincingly finds either of the following: 
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(a) That the record does not support the sentencing court's findings 

under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of 

section 2929.14, or division (I) of section 2929.20 of the Revised Code, 

whichever, if any, is relevant,

(b) That the sentence is otherwise contrary to law.

{¶7} The Ohio Supreme Court has explained the application of R.C. 

2953.08(G)(2) in relation to R.C. 2929.11 and 2929.12 in State v. Jones, 163 Ohio St.3d 

242, 2020-Ohio-6729, 169 N.E.3d 649. First, the Court held that R.C. 2953.08(G)(2)(a) 

does not allow an appellate court to vacate a sentence based on “lack of support in the 

record for a trial court's findings under R.C. 2929.11 and .12” because neither of those 

sections is enumerated within division (G)(2)(a) of the statute, and, more fundamentally, 

neither statute requires the court to make “findings.” Id. at ¶ 29, ¶ 31. The Court 

reasoned, “[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.

{¶8} When sentencing, a “trial court is not required to give any particular weight 

or emphasis to a given set of circumstances; it is merely required to consider the statutory 

factors in exercising its discretion.” State v. Delmanzo, 11th Dist. Lake No. 2007-L-218, 

2008-Ohio-5856, ¶ 23. A sentencing court fulfills its duty when it states that it has 

considered the factors under R.C. 2929.11 and R.C. 2929.12. State v. DeLuca, 11th Dist. 

Lake No. 2020-L-089, 2021-Ohio-1007, ¶ 18.

{¶9} Appellant first contends that his sentence is contrary to law because it was 

not reasonably calculated to achieve the three overriding purposes of felony sentencing

under R.C. 2929.11(A). 
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{¶10} R.C. 2929.11(B) mandates that a sentencing court shall sentence an 

offender to a sentence that is reasonably calculated to achieve the three overriding 

purposes of felony sentencing listed under R.C. 2929.11(A). Those three purposes 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. R.C. 2929.11(A). 

{¶11} Appellant specifically asserts that his sentence was only reasonably 

calculated to punish him, but does nothing to promote his rehabilitation or to protect the 

public from future crime by him.

{¶12} The sentencing court stated at the sentencing hearing and journalized on 

the judgment entry that it considered all aspects of R.C. 2929.11 and 2929.12. On this 

appeal, Appellant does not demonstrate nor does he articulate any basis why his 

sentence is not reasonably calculated to achieve the three overriding purposes of felony 

sentencing. Appellant’s only support for his argument is that “the only purpose of felony 

sentencing that the court appears to be guided by is the need for punishment.” We 

decline to form an argument on his behalf why his sentence is or is not reasonably 

calculated to achieve all three overriding purposes of felony sentencing. 

{¶13} Appellant next asks this court to independently weigh the seriousness and 

recidivism factors under R.C. 2929.12 because the sentencing court did not consider his 

remorse or that he took full responsibility for his actions.

{¶14} An appellate court is without authority to independently weigh mitigating 

factors under R.C. 2929.12. Jones, supra, at ¶ 42. The sentencing court here fulfilled its 

duty by stating at sentencing and in its judgment entry that it considered all factors under 

R.C. 2929.11 and R.C. 2929.12.
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{¶15} Appellant’s assignment of error is without merit.

{¶16} The judgment of the Lake County Court of Common Pleas is affirmed. 

MARY JANE TRAPP, J.,

MATT LYNCH, J.,

concur.