State v. Cobb, 2014 Ohio 3530

Sabrina M. Cobb stole oxycodone and fentanyl from relatives in Pennsylvania and sold them in three transactions (63 oxycodone tablets, 90 oxycodone tablets with an undercover agent present, and 10 fentanyl patches).
Indicted on three counts of aggravated trafficking: two fourth-degree felonies (R.C. 2925.03(A)(1)/(C)(1)(a)) and one third-degree felony (R.C. 2925.03(A)(1)/(C)(1)(c)).
Initially pleaded not guilty, released on bond with a condition to enter a SAM (substance abuse monitoring) program; later changed plea to no contest and was found guilty.
Presentence investigation completed; court sentenced Cobb to 12 months on each count, to run concurrently (within statutory ranges).
Cobb appealed, arguing the trial court failed to adequately consider R.C. 2929.11, 2929.12, and 2929.13 and that community control was warranted given lack of prior felony record, remorse, and serious medical conditions requiring transfusions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentencing court failed to consider statutory factors and thus erred by imposing prison rather than community control	Cobb: trial court did not adequately consider R.C. 2929.11, 2929.12, 2929.13; community control appropriate given no prior felony record, remorse, serious health issues	State: court complied with statutory requirements; record shows consideration of factors and prison term was permitted and, for the fentanyl sale, presumptively appropriate	Court: No reversible error. Sentence within statutory range; trial court considered required factors and did not abuse discretion.

State v. Kalish, 120 Ohio St.3d 23 (2008) (two-step appellate review for felony sentences: lawfulness then abuse of discretion)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard defined)
State v. Adams, 37 Ohio St.3d 295 (1988) (silent record presumption that trial court considered R.C. 2929.12 factors)