State v. Boros
2017 Ohio 7405
| Ohio Ct. App. | 2017Background
- Matthew Boros was indicted in two Cuyahoga County cases for multiple theft-related offenses after taking money from victims for houses he did not own. He pleaded guilty as part of a plea package to one count of criminal trespass (misdemeanor) and two counts of theft (felonies).
- Victims included an elderly man’s daughter who paid for home repairs and loan payments for a promised house and a family who paid $5,160 for a home they never received; victims described financial and emotional harm.
- Boros had an extensive prior record including thefts, passing bad checks, drug possession, a DUI, and numerous municipal violations; he was on probation for a prior theft conviction at sentencing.
- The trial court denied Boros’s pre-plea motion for intervention in lieu of conviction without holding a hearing, then accepted his guilty pleas and proceeded to sentencing.
- The court sentenced Boros to 30 days on the trespass and 11 months on each theft count, ordered the two felony terms to run consecutively, for a total of 22 months imprisonment; Boros appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court abused its discretion by denying intervention in lieu of conviction without a hearing | State: R.C. 2951.041 is permissive and authorizes denial without a hearing; court properly denied motion | Boros: Court failed to rule on his motion and denied relief without a hearing, depriving appellate review | Court: No abuse of discretion; statute permits denial without hearing and trial court promptly denied motion |
| Whether consecutive sentences complied with R.C. 2929.14(C)(4) | State: Record supports required findings (protection of public, proportionality, statutory predicate) | Boros: Court failed to make adequate findings and improperly included traffic citations to establish prior record | Court: Record contains the necessary findings at sentencing and in the entry; consecutive terms affirmed |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (2016) (standard of review for felony sentences under R.C. 2953.08)
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (trial court must make statutory findings for consecutive sentences in the record and entry but need not state reasons)
- State v. Rice, 180 Ohio App.3d 599 (2009) (R.C. 2951.041 is permissive; intervention in lieu is discretionary)
- Huffman v. Hair Surgeon, Inc., 19 Ohio St.3d 83 (1985) (definition of abuse of discretion)