State v. Belton
2016 Ohio 8416
| Ohio Ct. App. | 2016Background
- On August 16, 2014, two rival groups arranged a fight that escalated into gunfire; Shawn Cortez was shot and later died. David Belton fired multiple shots during the incident.
- Belton was indicted on aggravated riot, involuntary manslaughter, felonious assault, and aggravated assault; each count carried firearm specifications.
- Under a plea agreement, Belton pled guilty to aggravated riot (with a one-year firearm specification), involuntary manslaughter (one-year firearm specification), and aggravated assault (three-year firearm specification); felonious assault was dismissed. The parties agreed to an aggregate eight-year sentence.
- The trial court accepted the plea and imposed the agreed eight-year term, with the one-year specifications for counts 1 and 2 ordered concurrent and the three-year specification for count 4 ordered consecutive to those one-year terms.
- Belton appealed, arguing the trial court erred by imposing multiple firearm-specification terms for felonies that were part of the same act or transaction, in violation of R.C. 2929.14(B)(1)(b).
- The appellate court reviewed whether the sentence was "authorized by law," considering the plea agreement and applicable Ohio precedent, and affirmed the judgment (with a clerical modification to the journal entry to correct which specs were one vs. three years).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether multiple mandatory firearm-specification terms may be imposed when underlying felonies are part of the same act or transaction | State: The plea agreement authorized the agreed sentence; the record shows discrete firearm uses/possessions supporting consecutive specs | Belton: The firearm specifications arise from the same transaction and so multiple terms should merge under R.C. 2929.14(B)(1)(b) and Wills | Court: The sentence was authorized by law and the plea bars the appeal; the record supports treating the specs as separable and the agreed mandatory terms were properly imposed |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (standard for reviewing felony sentences; modification only if clear and convincing evidence supports that statutory findings are unsupported)
- State v. Spates, 64 Ohio St.3d 269 (Ohio 1992) (guilty plea under Crim.R. 11 waives all non-jurisdictional errors except voluntariness)
- State v. Underwood, 124 Ohio St.3d 365 (Ohio 2010) (defendant may not appeal a jointly recommended sentence that is authorized by law)
- State v. Wills, 69 Ohio St.3d 690 (Ohio 1994) (purpose of firearm specifications is to punish each separate transaction involving a firearm)