State v. Bowditch, 2017 Ohio 773

On February 6, 2016, Brad Bowditch drove head-on into another vehicle while under the influence of heroin; the other driver sustained a fractured foot that required surgery.
Bowditch was initially indicted on aggravated vehicular assault (third-degree felony) and drug paraphernalia (misdemeanor) on March 17, 2016; later indicted on drug-possession counts.
On June 21, 2016, Bowditch withdrew his not-guilty plea and entered a no-contest plea to aggravated vehicular assault; other charges were dismissed.
The trial court found him guilty and sentenced him to 36 months in prison.
Bowditch appealed, arguing the sentence was contrary to law because the record did not support the trial court’s statement that it considered R.C. 2929.11 and 2929.12.
The court of appeals reviewed the record for compliance with sentencing statutes and affirmed the conviction and 36-month term as within the statutory range and supported by the record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentence is contrary to law because the trial court failed to consider statutory sentencing factors	State: trial court complied with statutory requirements and properly sentenced within range	Bowditch: trial court’s statement that it considered R.C. 2929.11 and 2929.12 is not supported by the record	Court held sentence is not contrary to law; record shows court considered relevant factors and imposed a lawful sentence (36 months)

State v. Kalish, 896 N.E.2d 124 (Ohio 2008) (provides framework for appellate review of felony sentences and guidance on when a sentence is clearly and convincingly contrary to law)