State v. Beville, 2013 Ohio 2139

Beville was indicted for Engaging in a Pattern of Corrupt Activity, Complicity to Trafficking in Marijuana, and Conspiracy to Trafficking in Marijuana.
Beville pleaded guilty to Conspiracy to Trafficking in Marijuana; other counts were dismissed.
Beville was sentenced to three years in prison for Conspiracy to Trafficking in Marijuana; a $5,000 fine was noted but may be waived upon motion.
The sentencing hearing highlighted Beville’s cooperative conduct, extensive prior criminal history, and failures to complete counseling programs.
The judgment entry stated the court considered the record, statements, and presentence report and that sentencing complied with 2929.11, though it did not explicitly reference 2929.12 factors on the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether explicit consideration of R.C. 2929.12 factors is required	Beville argues the court failed to consider 2929.12 factors explicitly.	Beville contends the court did not consider the factors, undermining the sentence.	No explicit language required; presumption factors were considered.

State v. Foster, 109 Ohio St.3d 1 (Ohio 2006) (max sentences do not require express reasoning or findings)
State v. Kalish, 120 Ohio St.3d 23 (Ohio 2008) (two-step review for felony sentences after Foster)
State v. Putnam, 2012-Ohio-4891 (11th Dist. 2012) (court must consider factors; no mandatory findings)
State v. Hutchings, 2012-Ohio-649 (11th Dist. 2012) (no requirement to state 2929.12 on record for consideration)
State v. Arnett, 88 Ohio St.3d 208 (Ohio 2000) (context for required consideration of sentencing factors)
State v. Overstreet, 2013-Ohio-540 (11th Dist. 2013) (silent record raises presumption factors were considered)
State v. Chapdelaine, 2010-Ohio-2683 (11th Dist. 2010) (record need not expressly reference 2929.12 to show consideration)
State v. Bernadine, 2011-Ohio-4023 (11th Dist. 2011) (burden on defendant to rebut presumption of consideration)
State v. Nenzoski, 2008-Ohio-3253 (11th Dist. 2008) (presumption of consideration if record silent)