State v. Ahlers
2016 Ohio 2890
Ohio Ct. App.2016Background
- Defendant Stephen F. Ahlers pled guilty (2013) to two counts of gross sexual imposition (third-degree felonies) involving girls aged 11 and 9.
- Trial court originally imposed a mandatory aggregate 5-year prison term and Tier II sex-offender classification based on corroborating evidence.
- Ohio Supreme Court held the corroborating-evidence provision unconstitutional in State v. Bevly and remanded Ahlers for resentencing.
- At a de novo resentencing hearing (April 2015), victims’ family members and Ahlers addressed the court; the trial court imposed consecutive terms of 36 months and 24 months (aggregate 60 months) and again classified Ahlers as a Tier II offender.
- Ahlers appealed, arguing the consecutive-sentence findings were not supported by the record and that the sentence violated Ohio sentencing purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consecutive sentences were properly imposed under R.C. 2929.14(C)(4) | State: Trial court made required findings and record supports consecutive terms | Ahlers: Record does not clearly and convincingly support findings that consecutive terms were necessary to protect public or to punish | Court held consecutive sentences were proper; trial court made required findings and record supports them |
| Whether the sentence is otherwise contrary to law | State: Sentence within statutory range, postrelease control imposed, sentencing factors considered | Ahlers: Sentence violates purposes of felony sentencing (remorse, acceptance, lack of prior record) | Court held sentence not clearly and convincingly contrary to law; within statutory range and procedures followed |
| Whether the trial court needed a word-for-word statutory recitation when imposing consecutive sentences | State: Court satisfied statutory requirements by engaging in analysis and memorializing findings | Ahlers: Implied challenge that findings were insufficiently articulated | Court held no verbatim statutory recitation required; record must show engagement and findings, which it did |
| Whether failure to designate a specific victim in counts invalidated sentencing | State: Issue not raised below; waived | Ahlers: (raised on appeal) state failed to designate specific victim in counts | Court held argument waived for failure to raise at trial or earlier appeal |
Key Cases Cited
- State v. Bevly, 124 Ohio St.3d 41 (2015) (corroborating-evidence provision in R.C. 2907.05(C)(2)(a) violates due process)
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (trial court must engage in required analysis and make requisite findings before imposing consecutive sentences)
- State v. Ahlers, 142 Ohio St.3d 1409 (2015) (Ohio Supreme Court remanding Ahlers for resentencing pursuant to Bevly)