State v. Carlton
2014 Ohio 3835
Ohio Ct. App.2014Background
- Carlton pled guilty in 2009 to two counts of felony non-support in Case No. 09-CR-390 and received community control sanctions.
- In Case No. 09-CR-391, Carlton pled guilty to one of two fifth-degree counts of failure to pay child support and received community control.
- In Case No. 2010 CR 03622, Carlton pled guilty to two fifth-degree and one fourth-degree counts; he failed to appear for sentencing and to report as required.
- In December 2013, Carlton was served with a revocation notice alleging failure to report, missed visits, and nonpayment of court costs; a revocation hearing followed.
- The trial court revoked community control in all three cases and imposed concurrent twelve-month prison terms for the non-support counts (except the 09-CR-390 fourth-degree count).
- Two days later, a different judge entered sentences for 09-CR-390 consistent with the revocation and concurrent with the other cases.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence complied with R.C. 2929.11 and 2929.12 | State | Carlton | Record supports presumed consideration; sentence affirmed. |
| Whether a silent record raises a presumption of consideration | State | Carlton | Silent record may be presumed to have considered; no reversal. |
Key Cases Cited
- State v. Kalish, Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (silent record presumption clarified; need not expressly state consideration)
- State v. Rodeffer, Rodeffer, 2013-Ohio-5759 (2013-Ohio-5759) (silent record discussion; presumption not addressed when on-record consideration exists)
- State v. Haley, Haley, 2013-Ohio-4531 (2013-Ohio-4531) (on-record consideration discussed; not controlling for silent-record scenario)
- State v. Imber, Imber, 2012-Ohio-3720 (2012-Ohio-3720) (supports consideration of sentencing factors from a silent record)
- State v. Neff, Neff, 2012-Ohio-6047 (2012-Ohio-6047) (preservation of statutory factors in appellate review)
- State v. Gibson, Gibson, 2013-Ohio-2930 (2013-Ohio-2930) (presumption stance on statutory factors discussed)
- State v. Adams, Adams, 37 Ohio St.3d 295 (1988-Ohio-) (early articulation on presumption when factors are not expressly stated)