State v. Battle
2013 Ohio 816
Ohio Ct. App.2013Background
- 18-year-old Battle engaged in multiple burglaries/thefts across two cases (CR-558439 and CR-559435) between Dec 22, 2011 and Jan 10, 2012
- Pled guilty to specified burglary counts and criminal damaging; remaining counts dismissed
- Sentenced March 26, 2012: aggregate six-year prison term (three 3-year burglary terms and three 90-day counts) plus restitution and later journal-entry court costs
- Consecutive sentences imposed in CR-558439 to be served after CR-559435 term; restitution of $1,039.55 ordered to a victim; costs not imposed in open court but later in journal entry
- Appellant appeals three issues: legality/abuse of discretion of sentence, restitution amount, and court costs ordering
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the consecutive-sentence findings complied with R.C. 2929.14(C)(4) | Battle argues HB 86 requires explicit findings for consecutive terms | State contends record supports required analysis | Remanded for proper findings or concurrent sentences |
| Whether restitution amount was supported by evidence | Battle contends amount lack of evidentiary support | State asserts amount evidenced by victim’s economic loss | Restitution amount upheld; no plain error shown |
| Whether costs must be imposed in open court | Battle argues costs should be imposed verbally at sentencing | State concedes error in not imposing costs in open court | Remand to determine waiver of court costs |
Key Cases Cited
- State v. Johnson, 8th Dist. No. 97579 (2012-Ohio-2508) (meaningful review of consecutive-sentence decisions under HB 86)
- State v. Lebron, 8th Dist. No. 97773 (2012-Ohio-4156) (requires analysis under R.C. 2929.14(C)(4) and selection of criteria)
- State v. Goins, 8th Dist. No. 98256 (2013-Ohio-263) (record must reflect engagement in required analysis and criteria selection)
- State v. Edmonson, 86 Ohio St.3d 324 (1999) (principles for awarding or reviewing consecutive sentences and related findings)
- State v. Pollard, 8th Dist. No. 97166 (2012-Ohio-1196) (restitution evidentiary review and waiver of objections)
- State v. Joseph, 125 Ohio St.3d 76 (2010-Ohio-954) (remand for proper costs-imposition procedure)