2012 Ohio 2445
Ohio Ct. App.2012Background
- Adkins was indicted on two counts of felonious assault, one count of domestic violence, and one count of intimidation of a crime victim or witness in Washington County.
- Adkins and the state reached a plea agreement: Adkins would plead guilty to one count of felonious assault (second-degree felony) and one count of domestic violence (fourth-degree felony); other charges would be dropped.
- The state would recommend no more than eight years in prison as part of the plea agreement.
- After pleading guilty, the trial court merged the felonious-assault and domestic-violence counts and sentenced Adkins to eight years for felonious assault.
- Adkins challenged the sentence on appeal, arguing the trial court abused its discretion by imposing the maximum and considering improper factors.
- The appellate court held it could not review the sentence because R.C. 2953.08(D)(1) allows review only if the sentence is not authorized by law or not jointly recommended and imposed under the plea agreement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the jointly recommended sentence is reviewable on appeal | Adkins | Adkins | Not reviewable under R.C. 2953.08(D)(1) |
| Whether the sentence is authorized by law | Adkins | Adkins | Yes, sentence complies with mandatory sentencing provisions |
Key Cases Cited
- State v. Underwood, 124 Ohio St.3d 365 (2010-Ohio-1) (authorized-by-law requirement for review)
- State v. Kimble, 2006-Ohio-6096 (2006-Ohio-6096) (application of the D(1) review rule to plea bargains)
- State v. Porterfield, 106 Ohio St.3d 5 (2005-Ohio-3095) (legislative intent to shield jointly recommended sentences from review)
- State v. Tomlinson, 2007-Ohio-4618 (2007-Ohio-4618) (policy protecting jointly agreed sentences from appellate review)
- State v. Lee, 2009-Ohio-3423 (2009-Ohio-3423) (free and knowing entry into plea and jointly recommended sentence)
