Youngstown Daily Legal News

Maximum sentence affirmed for man who stole TV, led car chase

JESSICA SHAMBAUGH
Special to the Legal News
Published: April 22, 2014

In a ruling released recently, the 4th District Court of Appeals affirmed a maximum prison sentence for a man convicted in a burglary case that led to a high-speed car chase.

The three-judge appellate panel affirmed the Pickaway County Court of Common Pleas’ finding that Travin Lister committed the worst form of his offense when he took a man’s television, computer monitor and air compressor.

Case summary states that around 2:40 a.m. on Jan. 20, 2013, Darl Reynolds saw two hooded individuals on his home video surveillance system.

He said the individuals were coming up from the basement of his home carrying a flat screen television, a computer monitor and a silver case.

He also testified that they picked up an air compressor from his garage.

Reynolds testified that his basement was at the bottom of a flight of stairs in his garage and that it housed his son’s bedroom.

After seeing the individuals taking his belongings, Reynolds ran out of his house and saw a waiting car pick them up.

He immediately got in his truck and proceeded to chase the car as it drove away.

“A car chase ensued as Reynolds followed the individuals in his truck, at a speed well over 100 miles per hour,” case summary stated.

The car eventually stopped near an office building and the two hooded passengers exited and fled the scene on foot.

The car then pulled into an alley and left the items taken from Reynolds’ home.

Nevertheless, Reynolds continued to follow the car until a sheriff stopped it at an intersection.

The officer questioned the female driver and eventually Lister and Terrence Dukes were arrested as suspects in the case.

Upon interrogation, Lister told detectives that he was friends with Reynolds’ son and the boy had given him permission to borrow the television and the computer monitor.

He further explained that he took the air compressor to pump up a tire on his vehicle.

The state charged Lister with second-degree burglary and fifth-degree theft and the matter proceeded to a jury trial.

At trial, Reynolds’ son testified that he and Lister were “on and off again close friends for the last 10 years.”

However, he denied giving Lister permission to enter his bedroom or take the items in question.

The jury found Lister guilty as charged. The trial court merged his convictions and sentenced him to a maximum sentence of eight years in prison, prompting Lister to appeal to the 4th District.

“In his sole assignment of error, appellant argues that the trial court erred in sentencing him to the statutory maximum sentence of eight years. He contends that since all the property was recovered and no injury or threat was claimed in this case, the record does not support the trial court’s imposition of the sentence,” Judge Marie Hoover wrote for the court.

Upon review, the appellate panel held that maximum sentences do not require specific findings.

Therefore, it stated, it could only review the sentence to find if it was clearly and convincingly contrary to law.

The judges found that the sentence was within the statutory range, although it was at the maximum end of that range.

The trial judge addressed the decision to issue a maximum sentence.

“I find that you committed the worst form of this offense as indicated by virtue of the fact the hour it was committed, the relationship of the victim, the recidivism factors are completely against him in the sense that he’s on probation in two places when this occurred, and he had a prior criminal history,” the trial judge stated.

The appellate judges also found that Lister was on probation in two counties when he took the items from Reynolds’ home and that he had a prior criminal record including convictions for burglary, receiving stolen property and two theft offenses.

“The record reflects that the trial court considered the purposes and principles of felony sentencing under R.C. 2929.11, and balanced the seriousness and recidivism factors under R.C. 2929.12,” Judge Hoover stated.

The judges determined that the trial court complied with all applicable laws and therefore issued a sentence within its discretion and according to law.

“Accordingly appellant’s sole assignment of error is overruled and the judgment of the Pickaway County Court of Common Pleas is affirmed.”

Presiding Judge Peter Abele and Judge Matthew McFarland concurred.

The case is cited State v. Lister, 2014-Ohio-1405.

[Back]