Local drug dealer’s prison term upheld

DAVE MOSIER/independent editor

LIMA — A local woman with a long history of drug dealing had an appeal of her prison sentenced overturned by the Ohio Third District Court of Appeals.

In an unanimous decision written by Judge Vernon Preston, a three-judge panel affirmed a 54-month prison term for Kelly McKenzie.

McKenzie, 48, was sentenced April 25, 2012, to three consecutive 18-month prison terms by Judge Charles D. Steele on separate counts of aggravated trafficking in drugs, trafficking in a counterfeit controlled substance and trafficking in heroin. A heroin possession charge was dismissed in exchange for her guilty plea to the other three charges, while the aggravated trafficking count was reduced from a third-degree felony to a felony of the fourth degree. She was also given 85 days credit for time served while awaiting sentencing.

The charges were filed in connection with a traffic stop on South Washington Street January 30, 2012, following a tip received by Van Wert police that McKenzie was bringing drugs back to the city from Dayton.

Police found 5.3 grams of heroin following a search of McKenzie and her vehicle.

McKenzie, through attorney Kelly Rauch, appealed her sentence, citing two assignments of error: One, that the trial court had failed to make specific findings of fact to justify imposing consecutive sentences in the case, as required by Ohio Revised Code Section 2929.14 (C)(4) and, two, that the sentence didn’t follow the principles and purposes of state felony sentencing guidelines.

In his decision, Judge Preston said that, contrary to a former state law that required trial judges to state their reasons for giving consecutive prison sentences, the current law only requires them to make findings of fact supporting their decision. “The trial court is not required to recite any ‘magic’ or ‘talismanic’ words when imposing consecutive sentences,” Judge Preston noted in his decision, citing a decision in State vs. Murrin: “as long as it is ‘clear from the record that the trial court engaged in the appropriate analysis.’”

Judge Preston said that, in the appellate court’s opinion, Judge Steele made the findings required by state law in handing down the consecutive sentences.

In determining whether consecutive prison terms were appropriate in McKenzie’s case, the appellate court noted the woman’s prior convictions, which included one count of aggravated trafficking, one count of forgery, two counts of trafficking in marijuana, two counts of trafficking in crack cocaine, one count of possession of cocaine, one count of possession of Vicodin and one count of theft.

Judge Preston’s decision also noted that McKenzie was previously sentenced to probation, counseling, and other forms of substance abuse treatment, but repeatedly violated her probation with positive drug screens and additional drug charges.

He also noted that McKenzie failed to comply with her counseling and has served previous prison sentences and committed the current offenses while on a term of probation handed down in Van Wert Municipal Court.

“McKenzie has thus demonstrated a pattern of drug abuse that is related to the present offenses, has refused to comply with treatment, committed the offenses while on probation and has not been amenable to lesser sanctions,” Judge Preston wrote in his decision. “After reviewing the record, we cannot find that McKenzie’s sentence is contrary to law, as she contends.”

Judges John Willamowski and Richard Rogers concurred in the decision. Assistant Van Wert County Prosecutor Eva Yarger wrote the legal brief for the state in the case.