State v. Bridges, 2019 Ohio 1769

Andre L. Bridges met victim L.M.; after a night out Bridges returned to L.M.’s home, kissed her, then forced vaginal penetration over her resistance. DNA from the rape kit matched Bridges; he denied the rape.
Bridges was convicted by jury of rape (1st-degree felony), gross sexual imposition (4th-degree), and kidnapping (1st-degree).
Trial court originally sentenced Bridges to concurrent 9 years (rape) and 9 years (kidnapping) run consecutively for an 18-year aggregate; gross sexual imposition was concurrent for 18 months.
This court previously affirmed the convictions but held rape and kidnapping should have merged for sentencing and remanded for resentencing.
On remand the state merged kidnapping into the rape count; the trial court resentenced Bridges to eight years for rape (within statutory range), concurrent with 18 months for gross sexual imposition, for an aggregate eight-year term.
Bridges appealed, arguing the record did not support a more-than-minimum eight-year sentence under R.C. 2929.11 and 2929.12.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the record supports an eight-year (more-than-minimum) sentence	State: Trial court considered statutory purposes and factors and found aggravating facts (victim’s severe psychological harm; defendant’s lack of remorse; criminal history)	Bridges: The R.C. 2929.12 factors do not clearly and convincingly support a more-than-minimum eight-year sentence	Court affirmed: record supports the court’s consideration of R.C. 2929.11/2929.12 and findings; sentence within statutory range and not contrary to law

State v. Marcum, 146 Ohio St.3d 516 (2016) (sets standard of appellate review under R.C. 2953.08(G)(2) for felony sentences)