State v. Atwater
2017 Ohio 4071
| Ohio Ct. App. | 2017Background
- Defendant Joseph Atwater pleaded guilty pursuant to a negotiated agreement to voluntary manslaughter (with a three-year firearm specification) and attempted murder, both first-degree felonies.
- The agreed global sentence was 20 years: a mandatory 3-year firearm specification served prior to, and consecutively with, 10 years for manslaughter and 7 years for attempted murder.
- Atwater filed a motion to vacate the entry, arguing the sentence was void because the trial court failed to state findings and reasons required for imposing maximum and consecutive sentences.
- No transcript of the original sentencing proceedings was filed on appeal; the court therefore presumed regularity in the absence of an alternative record.
- The trial court’s sentencing entry reflected the agreed 20-year sentence, and the court reviewed whether the sentence was contrary to law or unsupported by required statutory findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is void for lack of statutory findings for maximum and consecutive terms | State: Sentence is authorized and was imposed according to the plea; record supports enforcement of the agreed term | Atwater: Trial court failed to articulate required findings/reasons for maximum and consecutive sentences, making sentence void | Court: Held sentence is not void. Because sentence was jointly recommended/part of plea, court need not independently recite findings; sentence within statutory range and not contrary to law |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231 (clarifies appellate standard under R.C. 2953.08(G)(2) for reviewing felony sentences)
- State v. Kalish, 120 Ohio St.3d 23, 2008-Ohio-4912, 896 N.E.2d 124 (plurality opinion previously used for appellate sentence review)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 400 N.E.2d 384 (presumption of regularity where trial transcript or alternative record is absent)
- State v. Porterfield, 106 Ohio St.3d 5, 2005-Ohio-3095, 829 N.E.2d 690 (a defendant’s stipulation to a sentence relieves the sentencing judge of an independent justification requirement)