State v. Anderson
2017 Ohio 7375
| Ohio Ct. App. | 2017Background
- Anderson was indicted for three counts of rape (first-degree felonies) and one count of gross sexual imposition; he pled guilty to the three rape counts and the GSI count was nolled.
- A pre-sentence investigation and a defense-commissioned sexual-offender risk assessment by Dr. John L. Tilley concluded Anderson posed a very low risk of reoffending.
- At sentencing, both parties discussed Dr. Tilley’s report; the trial court stated it had reviewed the PSI and considered R.C. 2929.11 and 2929.12.
- The trial court found the victim suffered serious physical and psychological harm and imposed consecutive 7-year terms on each rape count, for an aggregate 21-year sentence.
- Anderson appealed, arguing the trial court failed to consider the R.C. 2929.12(E) factors (factors indicating the offender is not likely to reoffend).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court failed to consider R.C. 2929.12(E) recidivism factors at sentencing | State: Court considered statutory factors and properly exercised discretion | Anderson: Court did not consider 2929.12(E) (e.g., no adult convictions; expert said low risk) | Court held no reversible error: record shows court considered R.C. 2929.12 and exercised discretion |
Key Cases Cited
- State v. Comer, 99 Ohio St.3d 463 (Ohio 2003) (standard for appellate review of felony sentencing)
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (appellate relief only if sentence unsupported by record or contrary to law)
- State v. Barnes, 94 Ohio St.3d 21 (Ohio 2002) (plain-error test for criminal appeals)