State v. Brewer, 2014 Ohio 1903

Brewer pleaded guilty to burglary; seven-year prison term and $1,000 restitution ordered.
Brewer argues ineffective assistance for failure to review PSI and request a continuance.
Court found PSI incomplete due to Brewer’s noncooperation; prejudice not shown since Brewer violated bond and noncomplied orders.
Sentence challenged as near maximum; Ohio standards for reviewing felony sentences discussed, including post-Foster changes and HB 86.
Court also addressed restitution, noting it considered present/future ability to pay as required by statute.
Amended sentencing entry affirmed seven-year term, restitution, and costs; findings on ability to pay supported by record.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance	Brewer	Brewer	No prejudicial ineffective assistance
Seven-year sentence legality	State	Brewer	Sentence not clearly and convincingly contrary to law
Restitution ability to pay	State	Brewer	Court properly considered present/future ability to pay

Evitts v. Lucey, 469 U.S. 387 (1985) (right to effective assistance of counsel includes sentencing stage)
Strickland v. Washington, 466 U.S. 668 (1984) (test for ineffective assistance: deficient performance and prejudice)
State v. Kalish, 120 Ohio St.3d 23 (2008) (two-step standard for appellate review of felony sentences (pre-Foster framework))
State v. Foster, 109 Ohio St.3d 1 (2006) (unconstitutional findings provisions severed; affects sentencing review)
Oregon v. Ice, 555 U.S. 160 (2009) (constitutionality of judicial fact-finding for consecutive sentences)
State v. Hodge, 128 Ohio St.3d 1 (2010) (HB 86 revived some judicial findings; clarifies review standards)
State v. Bever, 2014-Ohio-600 (2014) (adopts statutory standard of review over Kalish for felony sentences)
State v. Dennis, 2013-Ohio-5633 (2013) (restitution abuse of discretion standard and ability-to-pay consideration)