2020 Ohio 1119
Ohio Ct. App.2020Background
- Cohee was indicted on multiple sexual-offense counts (attempted rape, gross sexual imposition, kidnapping, importuning) with various specifications; several counts/specs were later nolled.
- He pleaded guilty to three amended gross-sexual-imposition counts, one amended attempted-rape count, and two importuning counts; the court ordered a PSI.
- At sentencing the prosecutor read victim-impact statements and described Cohee’s sexual conduct with a girlfriend’s minor daughter, including offers of money and marijuana and attempts to force sex.
- The court imposed consecutive terms: 12 months each on three GSI counts, 12 months and 24 months on the importuning counts, and 7 years on attempted rape; the court announced a 14-year total but subsequently corrected the journal entry to a 13-year total.
- On appeal Cohee argued (1) the record did not support consecutive sentences and the court failed to account for mitigating factors (substance abuse, mental health), and (2) the court waived costs at sentencing but the corrected journal entry imposed costs. The appellate court affirmed the sentence but remanded for a nunc pro tunc entry to reflect waiver of costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consecutive sentences were supported under R.C. 2929.14(C)(4) | Trial court made the statutory findings and record supports consecutive terms | Findings are not supported; court failed to adequately consider mitigating factors (substance abuse, mental health) | Affirmed — court made required findings on record, considered PSI and mitigation, and record supports consecutive sentences |
| Whether journal entry improperly imposed court costs despite waiver at sentencing | The corrected journal entry imposed costs | Court waived costs at sentencing; journal entry conflicts with record | Sustained in part — appellate court ordered remand for a nunc pro tunc entry to reflect the waiver of court costs |
Key Cases Cited
- State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (trial court must state requisite consecutive-sentence findings on the record and incorporate them into the sentencing entry)