State v. Brown, 2014 Ohio 4381

Indictment in 2013 charged Charles Brown with rape, kidnapping, and attempted rape for actions in 1993.
Brown initially pled not guilty to all charges on June 7, 2013.
On November 14, 2013, Brown pled guilty to amended Count 1, sexual battery, with remaining counts nolled.
On December 17, 2013, Brown received the maximum two-year sentence for sexual battery under former R.C. 2929.11(D)(1).
Brown timely appealed, challenging the sentence as clearly and convincingly contrary to law.
The court affirmed, holding the sentence within range and properly considering sentencing purposes, seriousness, and recidivism factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the maximum two-year sentence is clearly and convincingly contrary to law	Brown contends the sentence violates statutory factors and law	The state argues the court properly applied sentencing factors and within range	Not clearly and convincingly contrary to law; affirmed

State v. Kopilchak, 2013-Ohio-5016 (8th Dist. Cuyahoga 2013) (abuse-of-discretion standard not required for felony sentencing; review of record)
State v. A.H., 2013-Ohio-2525 (8th Dist. Cuyahoga 2013) (sentencing within range and proper consideration of 2929.11 and 2929.12 factors)
Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (standards for reviewing felony sentencing)
State v. Jones, 2014-Ohio-29 (8th Dist. Cuyahoga 2014) (presumed consideration of 2929.11/2929.12 factors unless affirmative showing to the contrary)
State v. Clayton, 2014-Ohio-112 (8th Dist. Cuyahoga 2014) (presumed consideration of sentencing factors; specific findings not required)