State v. Blevings
2018 Ohio 4382
Ohio Ct. App.2018Background
- Over a three-week period, Robert M. Blevings committed three armed robberies in Warren County and was charged with three counts of aggravated robbery (first-degree felonies) each with a firearm specification, one count of possession of criminal tools (fifth-degree felony), and one count of improperly handling a firearm in a motor vehicle (fourth-degree felony).
- Blevings pled guilty and the court ordered a presentence investigation and a forensic evaluation.
- At sentencing the court imposed an overall 15-year prison term (three-year terms for each aggravated robbery plus three-year firearm specifications on each, with some counts consecutive) and ordered restitution; lesser terms for the other offenses were imposed concurrently.
- Blevings appealed, raising (1) that the sentence was excessive and the court failed to properly weigh mitigating factors (mental-health history, lack of prior record), and (2) that the court erred by ordering restitution without considering his ability to pay.
- The trial court considered the PSI, forensic report, victims’ statements, and Blevings’ allocution; it acknowledged his lack of prior record but emphasized public safety concerns and the seriousness of the crimes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 15-year sentence was excessive / improperly considered mitigating factors | State: Sentence was within statutory range and influenced by public-safety and statutory sentencing factors | Blevings: Court failed to properly weigh mitigating evidence (PTSD, suicide of wife, lack of prior record) and imposed a more severe-than-necessary sentence | Court: Affirmed sentence—not contrary to law; court considered R.C. 2929.11/2929.12 factors, PSI, forensic report, and lack of prior record reduced but did not eliminate custody necessity |
| Whether restitution was ordered without considering ability to pay | State: Restitution reflected victim losses and was supported by the record (PSI included work history) | Blevings: Trial court failed to consider present/future ability to pay; would be age 65 on release with health/mental limitations | Court: Affirmed restitution—record (PSI, victim loss evidence) shows trial court considered ability to pay; no plain-error shown |
Key Cases Cited
- State v. Brandenburg, 146 Ohio St.3d 221, 2016-Ohio-2970 (Ohio 2016) (appellate standard for modifying or vacating felony sentences under R.C. 2953.08)