[Cite as State v. Honey, 2024-Ohio-834.]

COURT OF APPEALS OF OHIO

EIGHTH APPELLATE DISTRICT

COUNTY OF CUYAHOGA

STATE OF OHIO, :

Plaintiff- Appellee, :

No. 112885

v. :

TRAVIS HONEY, :

Defendant-Appellant. :

JOURNAL ENTRY AND OPINION

JUDGMENT: AFFIRMED

RELEASED AND JOURNALIZED: March 7, 2024

Criminal Appeal from the Cuyahoga County Court of Common Pleas

Case No. CR-22-676191-A

Appearances:

Michael C. O’Malley, Cuyahoga County Prosecuting 

Attorney, and Michael Timms, Assistant Prosecuting 

Attorney, for appellee. 

Donald K. Pond, for appellant.

MICHELLE J. SHEEHAN, J.:

Defendant-appellant Travis Honey was convicted of robbery, a felony 

of the third degree, and sentenced to a term of imprisonment of 36 months. On 

appeal, he challenges his sentence by arguing the court considered factors beyond 
those listed in R.C. 2929.11 and 2929.12 when imposing sentence. After review of 

the record, we find the trial court considered the applicable sentencing factors and 

imposed sentence within the applicable statutory range and affirm the sentence 

imposed.

I. Statement of the Case and Relevant Facts

Honey was indicted for one count of aggravated robbery, a felony of the 

first degree, and one count of robbery, a felony of the second degree. The indictment 

stemmed from Honey entering a bank in Cleveland, Ohio, and handing a teller a 

note that read “this is a bank robbery. I have a gun. Please do not make a scene, and 

no one will get hurt.” Honey was handed $1,245 in cash that also contained a GPS 

tracker. The tracker led police to Honey’s home where he was arrested with $995 in 

cash and a mask that resembled the one worn in the robbery. A search of his home 

revealed the clothing he wore during the robbery. Honey entered into a plea bargain 

with the state and pleaded guilty to robbery in violation of R.C. 2911.02(A)(3), a 

felony of the third degree.

At the sentencing hearing, the trial court asked the state for the reasons 

the state allowed Honey to plea to a third-degree felony. The state informed the 

court that its decision to reduce the charges was based on the fact no one was 

physically harmed in the robbery, the bulk of the money was recovered, and it could 

not prove Honey had actually used a weapon during the robbery. After the state 

presented the facts and circumstances of the crime to the trial court, it asked that a 

prison sentence be imposed.
Honey’s counsel addressed the trial court with mitigating evidence, to 

include Honey’s completion of rehabilitative courses while in jail pending the 

resolution of the case. Honey personally addressed the trial court, expressed his 

remorse, and stated that the crime occurred when he was kicked out of his house 

and depressed.

After hearing from the parties, the trial court stated it considered the 

applicable seriousness and recidivism factors as well as the purposes and principles 

of felony sentencing statutes and noted Honey’s prior felony sex offense and more 

than 20 misdemeanor offenses. In imposing sentence, the trial court stated:

This is a bank robbery case. Mr. Honey, it’s actually a surprise to this 

Court that you received such a significant discount in the plea deal

made by The State of Ohio, but you did, despite having a prior sex 

offense.

* * *

You had arrests for domestic violence, and you’re here today for a 

bank robbery marked down to a third degree felony.

The women in the bank, the tellers, need to be thought of here. You 

handed them the note. You said you had a gun. This is not something 

that ordinary people handle without consequence. You traumatized 

those women. Signing up to be a bank teller is not signing up to deal 

with threats. Unfortunately, bank robberies occur, and when they do, 

punishments follow, especially for someone who is a sex offender and 

a multiple misdemeanant.

The trial court then imposed a prison sentence of 36 months. Honey 

appeals his sentence.
II. Law and Argument

ASSIGNMENT OF ERROR

Honey’s assignment of error reads:

The trial court erred by imposing the maximum sentence upon 

Defendant-Appellant Travis Honey.

Honey argues that the trial court imposed sentence based on 

“impermissible considerations” contrary to R.C. 2929.11 and 2929.12. State v. 

Bryant, 168 Ohio St.3d 250, 2022-Ohio-1878, 198 N.E.3d 68, ¶ 22. The state argues 

that the trial court properly considered the statutory factors in imposing sentence 

and that Honey’s arguments do not amount to meritorious claims of relief under the 

appellate standard of review applicable to felony sentences.

RELEVANT LAW AND APPLICABLE STANDARD OF REVIEW

A felony sentence is reviewed under the standard set forth in 

R.C. 2953.08(G)(2). State v. Evans, 8th Dist. Cuyahoga No. 110253, 

2021-Ohio-3679, ¶ 9. Pursuant to R.C. 2953.08(G)(2), when reviewing felony 

sentences, an “appellate court may increase, reduce, or otherwise modify a 

sentence,” or vacate a sentence and remand for resentencing if it “clearly and 

convincingly finds” that “the record does not support the sentencing court’s 

findings” under R.C. 2929.13(B) or (D), 2929.14(B)(2)(e) or (C)(4), or 2929.20(I), 

or “the sentence is otherwise contrary to law.” A sentence is contrary to law where 

(1) the sentence falls outside the statutory range for the particular degree of offense, 

or (2) the trial court failed to consider the statutory purposes and principles of felony 
sentencing set forth in R.C. 2929.11 and 2929.12. Evans at ¶ 12. Finally, this court 

is not permitted to independently weigh the record and substitute its judgment for 

the trial court. Id. at ¶ 15.

THE TRIAL COURT PROPERLY IMPOSED SENTENCE

Honey argues the trial court imposed a sentence contrary to law 

because it improperly considered the effect of a robbery on the victims when it stated 

the bank tellers were traumatized by the robbery. Honey notes that none of the 

tellers provided a victim-impact statement. Further, Honey infers from the record 

that the trial court was “dismayed” by the plea bargain where it noted the plea twice 

during sentencing. He argues, without citation to precedent, that a court may not 

consider a lenient plea bargain when imposing sentence because “a lenient plea deal 

is extraneous to the factors of sentencing.”

In imposing sentence, the trial court stated that it considered the 

applicable seriousness and recidivism factors, as well as the purposes and principles 

of felony sentencing in R.C. 2929.11 and 2929.12. R.C. 2929.11(A) directs the court 

to impose sentence “to protect the public from future crime by the offender” and “to 

punish the offender.” We do not find the trial court’s statements at sentencing as 

being impermissible or beyond the factors to be considered by the trial court. 

Further, pursuant to R.C. 2929.12(B) the trial court is required to consider not only 

those factors listed in the statute, but “any other relevant factors, as indicating that 

the offender’s conduct is more serious than conduct normally constituting the 

offense.” (Emphasis added.)
In imposing sentence, the trial court noted the nature and seriousness 

of Honey’s crime, noted the effect the crime of robbery has on victims, as well as 

noting Honey’s criminal history. These considerations are not beyond the scope of 

those contained within R.C. 2929.11 and 2929.12. Our review of the record reveals 

that the trial court imposed a 36-month sentence for robbery, a third-degree felony, 

which is a term of imprisonment authorized by R.C. 2929.14(A)(1)(3)(a). Further, 

the record reflects that the trial court considered the purposes and principles and 

applicable factors of felony sentencing; as such, the sentence is not contrary to law.

The sole assignment of error is overruled.

III. Conclusion

Honey pleaded guilty to robbery, a felony of the third degree after 

robbing a bank by presenting the teller with a note that he had a gun. In sentencing 

Honey to a 36-month prison term, the trial court considered the purposes and 

principles of felony sentencing and applicable factors pursuant to R.C. 2929.11 and 

2929.12. The trial court’s consideration of the nature of the crime Honey 

committed, the effects of robbery on victims, and Honey’s criminal history were not 

impermissible considerations under the Revised Code and the sentence imposed 

was not contrary to law.

Judgment affirmed.

It is ordered that appellee recover of appellant costs herein taxed.

The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the 

common pleas court to carry this judgment into execution. The defendant’s 

conviction having been affirmed, any bail pending appeal is terminated. Case 

remanded to the trial court for execution of sentence.

A certified copy of this entry shall constitute the mandate pursuant to Rule 27 

of the Rules of Appellate Procedure.

________________________

MICHELLE J. SHEEHAN, JUDGE

EILEEN A. GALLAGHER, P.J., and

FRANK DANIEL CELEBREZZE, III, J., CONCUR