[Cite as State v. Love, 2026-Ohio-3724.]
IN THE OHIO COURT OF APPEALS
FIFTH APPELLATE DISTRICT
COSHOCTON COUNTY, OHIO
STATE OF OHIO Case No. 2026CA0004
Plaintiff - Appellee Opinion and Judgment Entry
-vs- Appeal from the Coshocton County Court of
Common Pleas, Case No. 24 CR 0078
WALTER C. LOVE, JR.
Judgment: Appeal Dismissed
Defendant - Appellant
Date of Judgment Entry: September 23, 2026
BEFORE: Andrew J. King; William B. Hoffman; David M. Gormley, Judges
APPEARANCES: Benjamin E. Hall, Coshocton County Prosecuting Attorney, Chrishana L. Carroll, Assistant Prosecuting Attorney, for Plaintiff-Appellee; Todd W. Barstow, for Defendant-Appellant.
Hoffman, J.
{¶1} Defendant-Appellant Walter C. Love, Jr. appeals the April 9, 2026 judgment
of conviction and sentence entered by the Coshocton County Common Pleas Court. PlaintiffAppellee is the State of Ohio.
STATEMENT OF THE FACTS AND CASE
{¶2} On May 27, 2024, at approximately 10:20 a.m., law enforcement was called
to 719 S. 61st Street in the City of Coshocton for an alleged Domestic Violence incident. It
was reported the male had fled in a blue Saturn. The 9-1-1 caller was the victim, E.C. who
reported she and her live-in boyfriend, Appellant Walter C. Love, Jr., had gotten into an argument over who was going to get Appellant's debit card out of E.C.’s wallet. She stated
she told him she was willing to get the card for him, but he became angry and wanted to get
it himself. She stated he was screaming at her and her eight-year-old daughter, who was
present, told him not to yell at her mom.
{¶3} E.C. stated the Appellant yelled back at the child, and she told him not to
speak to her daughter in that way. She stated this was when Appellant attacked her by
grabbing her by the throat with both hands and strangling her to the point she could not
breathe. She stated Appellant continued to yell and tell her he had warned her "not to fuck
with me." She stated as she continued to struggle to get loose, her daughter jumped on
Appellant's back and hit him. E.C. further reported when Appellant finally let loose, she ran
to find a charger to plug in her phone to contact 9-1-1 while Appellant was searching the room
for a firearm he knew E.C. had. She stated she had moved it the day before and while
Appellant was upstairs, she grabbed the firearm and drew it on Appellant, telling him to leave.
She stated once Appellant left, she locked the door behind him and called 9-1-1.
{¶4} E.C. was ultimately treated at Genesis Healthcare Emergency Department for
sore throat, trouble swallowing, dizziness and lightheadedness, as well as having noted
bruises and contusions on her neck.
{¶5} On July 29, 2024, the Coshocton County Grand Jury indicted Appellant on
one count of Strangulation, a felony of the fifth degree.
{¶6} On November 15, 2024, the Coshocton County Grand Jury issued a
superseding indictment charging him with one count of Strangulation, a felony of the fourth
degree, with the specification for family or household member.
{¶7} On November 26, 2024, after several failed attempts at contact, a warrant was
issued for Appellant’s arrest for failure to appear for a scheduled office visit with his pretrial
supervision officer.
{¶8} Appellant remained absconded until approximately March 2, 2026, when he
was arrested in Florida, and was extradited to Ohio.
{¶9} On April 2, 2026, a change of plea hearing was held and Appellant appeared
with counsel. Appellant pled guilty to the single amended count of Strangulation, a felony of
the fifth degree. Appellant waived a presentence investigation report as part of the Rule 11
negotiations, and the State and Appellant jointly recommended a prison term of 14 months.
The trial court proceeded with sentencing. After hearing arguments from both parties and a
statement by the victim (EC), the court imposed the jointly recommended sentence of
fourteen-months. (See 4/9/2026 Judgment Entry Plea of Guilty and Sentencing).
{¶10} Appellant now appeals the April 9, 2026, sentencing entry, raising the
following error for review:
ASSIGNMENT OF ERROR
THE TRIAL COURT ERRED TO THE PREJUDICE OF
APPELLANT BY SENTENCING HIM IN CONTRAVENTION OF
OHIO'S SENTENCING STATUTES.
I.
{¶11} R.C. §2953.08 governs a defendant's right to appeal a sentence. State v.
Sergent, 2016-Ohio-2696, ¶ 15.
{¶12} R.C. §2953.08(D)(1) provides:
A sentence imposed upon a defendant is not subject to review under this
section if the sentence is authorized by law, has been recommended jointly by
the defendant and the prosecution in the case, and is imposed by a sentencing
judge.
{¶13} A sentence is "authorized by law" and not subject to appeal within the
meaning of R.C. §2953.08(D)(1) "only if it comports with all mandatory sentencing
provisions." State v. Underwood, 2010-Ohio-1, ¶ 20.
{¶14} "The General Assembly intended a jointly agreed-upon sentence to be
protected from review precisely because the parties agreed that the sentence is appropriate.
Once a defendant stipulates that a particular sentence is justified, the sentencing judge no
longer needs to independently justify the sentence." State v. Porterfield, 106 Ohio St. 3d 5, 2005-Ohio-3095, ¶ 25, 829 N.E.2d 690.
{¶15} Appellant claims consideration of R.C. §2929.11 and §2929.12 are mandatory
sentencing requirements, and thus he can appeal the court's failure to consider those statutory
factors in accordance with Underwood. However, Underwood stated its holding did "not prevent
R.C. §2953.08(D)(1) from barring appeals that would otherwise challenge the court's
discretion in imposing a sentence, such as whether the trial court complied with statutory
provisions like R.C. §2929.11 (the overriding purposes of felony sentencing), §2929.12 (the
seriousness and recidivism factors), and/or §2929.13(A) through (D) (the sanctions relevant to the felony degree) or whether consecutive or maximum sentences were appropriate under
certain circumstances." Underwood, 2010-Ohio-1, at ¶ 22.
{¶16} Here, Appellant's fourteen-month sentence was the result of a negotiated plea
agreement between himself and the State. Per the agreement, Appellant pled guilty to one
count of strangulation, in violation of R.C. §2903.18(B)(3), a felony of the fourth-degree. The
sentencing range for a fourth-degree felony is six to eighteen months in prison. See R.C.
§2929.14(A)(4).
{¶17} Having found Appellant’s jointly recommended sentence is within the
sentencing range and is authorized by law, we find the sentence is not reviewable on appeal.
State v. Ramsey, 2017-Ohio-4398, ¶ 15-17 (5th Dist.).
{¶18} Appeal dismissed.
{¶19} Costs to Appellant.
By: Hoffman, J.
King, P.J. and
Gormley, J. concur.