State v. Bradley, 2017 Ohio 8155

Hendrick J. Bradley was indicted on aggravated possession of drugs and possession of heroin (both fifth-degree felonies); aggravated-possession count later dismissed after plea.
Bradley pleaded guilty to possession of heroin on December 12, 2016; sentencing originally set for January 18, 2017.
Bradley failed to appear for sentencing; a bench warrant issued; while at large he incurred new felony drug and weapons charges and had an outstanding probation-violation warrant from Hamilton County.
He was arrested and sentenced on March 15, 2017 to 12 months imprisonment (the statutory maximum for a fifth-degree felony), three years discretionary post-release control, and $80 restitution; trial counsel objected to the maximum sentence.
The trial court relied on Bradley’s criminal history, failure to appear and comply with supervision, and new criminal activity when imposing the maximum term.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court’s imposition of a 12-month (maximum) sentence for a fifth-degree felony was contrary to law	State: sentence is within statutory range and the court considered R.C. 2929.11/2929.12 factors given defendant’s record and conduct	Bradley: maximum sentence is contrary to law (presumably arguing the court failed to properly consider or justify a maximum term)	Court affirmed: sentence within statutory range; court considered purposes/principles and seriousness/recidivism factors; no requirement to state detailed findings; record supports sentence

State v. Kalish, 896 N.E.2d 124 (Ohio 2008) (explains post-Foster standard for appellate review of felony sentences and that trial courts must consider R.C. 2929.11 and 2929.12)
State v. Foster, 845 N.E.2d 470 (Ohio 2006) (severed mandatory judicial-fact-finding portions of sentencing statute and restored trial-court discretion within statutory ranges)
State v. Payne, 873 N.E.2d 306 (Ohio 2007) (addresses sentencing following Foster)
State v. Mathis, 846 N.E.2d 1 (Ohio 2006) (addresses the effect of Foster on sentencing and necessary considerations)
State v. Cyrus, 586 N.E.2d 94 (Ohio 1992) (holds trial court need not articulate findings for each R.C. 2929.12 factor)