State v. Boyd, 2012 Ohio 1836

Appellant Shannon Boyd pled to Count 1 as amended to attempted endangering children, a felony of the fourth degree; Count 2 was nolled.
Incident involved Boyd, a single mother with six children under ten, including six-month-old S.B., who sustained severe scald burns.
S.B. suffered burns to buttocks, genital area, and thighs; injuries likely to cause lifelong scarring and dysfunction.
Hospital and investigation revealed burn injuries were not consistent with Boyd’s initial account or alleged accidental cause; authorities found risk to children.
Trial court sentenced Boyd to the maximum prison term of 18 months with three years of postrelease control, finding substantial harm and lack of mitigation, then she appealed.
Appellate court affirmed, holding sentence within statutory range and not an abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentence violates law or constitutes an abuse of discretion	State contends court properly considered statute and factors	Boyd asserts sentence is excessive given circumstances	Affirmed; no reversible error; sentence within law and not an abuse of discretion.

State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step review for felony sentencing; post-Foster discretion preserved with statutory factors)
State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (eliminated mandatory judicial fact-finding for penalties)