Appeals court upholds sentencing on murder conviction
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The Twelfth District Court of Appeals has affirmed the decision of the Fayette County Court of Common Pleas resentencing a Bloomingburg, Ohio man to a total of 38 years in prison for aggravated robbery, kidnapping, and attempted rape.
According to a release from the court, on the evening of June 28-29, 2000, Matthew McCullough confronted a pizza delivery woman on a residential street and took her and her car to a secluded middle school parking lot two blocks away where her lifeless body was later found. McCullough subsequently had a baggie full of money. In 2003, a jury found him guilty of murder, aggravated murder, aggravated robbery, kidnapping and attempted rape.
He was sentenced to 38 years in prison for aggravated robbery, kidnapping, and attempted rape, to be served back to back with his prison sentence for aggravated murder (30 years to life). The Twelfth District Court of Appeals affirmed McCullough's convictions but reversed his sentences for aggravated robbery, kidnapping, and attempted rape, and sent the case back to the trial court for resentencing. In 2010, the trial court resentenced McCullough to 38 years in prison for aggravated robbery, kidnapping, and attempted rape, to be served back to back with his prison sentence for aggravated murder.
On appeal, McCullough argued the trial court erred in sentencing him for both aggravated robbery and kidnapping because he committed both offenses with the same motive, to obtain money. McCullough also argued the trial court erred in sentencing him to back to back sentences without first making findings under two specific Ohio laws found to be unconstitutional by the Ohio Supreme Court in 2006.
Writing an opinion for the court, Presiding Judge William W. Young upheld the trial court's decision. Judge Young first found that the trial court did not err in sentencing McCullough for both aggravated robbery and kidnapping. Judge Young found that given McCullough's prolonged restraint of the victim, the fact he took her to a secluded area two blocks away, and the secretive confinement of the victim, McCullough did not commit the aggravated robbery and the kidnapping with the same motive. Judge Young also found that based on a recent decision of the Ohio Supreme Court, the trial court was not obligated to make findings under the two statutory provisions before sentencing McCullough to back to back sentences. Judges Stephen W. Powell and Robert P. Ringland concurred in the opinion.
The Twelfth District Court of Appeals affirmed the trial court's decision.
The Twelfth District Court of Appeals has affirmed the decision of the Fayette County Court of Common Pleas resentencing a Bloomingburg, Ohio man to a total of 38 years in prison for aggravated robbery, kidnapping, and attempted rape.
According to a release from the court published online Monday, on the evening of June 28-29, 2000, Matthew McCullough confronted a pizza delivery woman on a residential street and took her and her car to a secluded middle school parking lot two blocks away where her lifeless body was later found. McCullough subsequently had a baggie full of money. In 2003, a jury found him guilty of murder, aggravated murder, aggravated robbery, kidnapping and attempted rape.
He was sentenced to 38 years in prison for aggravated robbery, kidnapping, and attempted rape, to be served back to back with his prison sentence for aggravated murder (30 years to life). The Twelfth District Court of Appeals affirmed McCullough's convictions but reversed his sentences for aggravated robbery, kidnapping, and attempted rape, and sent the case back to the trial court for resentencing. In 2010, the trial court resentenced McCullough to 38 years in prison for aggravated robbery, kidnapping, and attempted rape, to be served back to back with his prison sentence for aggravated murder.
On appeal, McCullough argued the trial court erred in sentencing him for both aggravated robbery and kidnapping because he committed both offenses with the same motive, to obtain money. McCullough also argued the trial court erred in sentencing him to back to back sentences without first making findings under two specific Ohio laws found to be unconstitutional by the Ohio Supreme Court in 2006.
Writing an opinion for the court, Presiding Judge William W. Young upheld the trial court's decision. Judge Young first found that the trial court did not err in sentencing McCullough for both aggravated robbery and kidnapping. Judge Young found that given McCullough's prolonged restraint of the victim, the fact he took her to a secluded area two blocks away, and the secretive confinement of the victim, McCullough did not commit the aggravated robbery and the kidnapping with the same motive. Judge Young also found that based on a recent decision of the Ohio Supreme Court, the trial court was not obligated to make findings under the two statutory provisions before sentencing McCullough to back to back sentences. Judges Stephen W. Powell and Robert P. Ringland concurred in the opinion.
The Twelfth District Court of Appeals affirmed the trial court's decision.
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