State v. Bement
2013 Ohio 5437
Ohio Ct. App.2013Background
- Bement was sentenced in Rocky River Municipal Court on Feb 5, 2013, for operating a vehicle under the influence and placed on probation.
- After sentencing, Bement posted threats on Facebook urging violence toward judges, prompting police notification.
- He was indicted on two counts of retaliation; he pleaded guilty to an amended count of attempted retaliation, with the other count dismissed.
- At sentencing, the court reviewed the presentence investigation and heard from Bement and his attorney, who emphasized remorse and non-violence.
- The trial court imposed 17 months in prison followed by three years of postrelease control with specified conditions, including no alcohol, counseling, anger management, and no contact with victims or family.
- Bement appealed arguing the sentence was excessive and an abuse of discretion; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence constitutes an abuse of discretion | Bement (State) argues the sentence is too harsh given mitigating factors | Bement contends the court failed to follow statutory directives and overpunished | No merit; sentence not contrary to law |
Key Cases Cited
- State v. Jackson, 2013-Ohio-3136 (8th Dist. Cuyahoga no. 99059 (2013)) (mitigating evidence may be weighed against sentence within discretion)
- State v. Jones, 2013-Ohio-150 (12th Dist. Butler No. CA2012-03-049) (no mandatory factual findings required for sentencing parity)
- State v. Bohannon, 2013-Ohio-5101 (1st Dist. Hamilton No. C-130014) (presumption of factor consideration on silent record)
- State v. Parsons, 2011-Ohio-168 (3d Dist. Auglaize No. 2-10-27) (silent record presumed to show consideration of factors)
- State v. Calliens, 2012-Ohio-703 (8th Dist. Cuyahoga No. 97034) (no explicit requirement to state findings for near-maximum sentences)
- State v. Rose, 2012-Ohio-5607 (12th Dist. Butler No. CA2011-11-214) (probative consideration of sentencing factors not enumerated findings)
- State v. Burt, 2013-Ohio-3525 (8th Dist. Cuyahoga No. 99097) (proportionality not preserved without preservation of issue)