State v. Coleman
2022 Ohio 1811
Ohio Ct. App.2022Background
- Coleman was convicted by jury of gross sexual imposition (third-degree felony) on September 27, 2017.
- On November 2, 2017 the trial court sentenced him to five years of community control and warned a prison term of up to five years could be imposed for violations.
- The State moved to revoke community control alleging two violations on September 21, 2020; Coleman admitted the violations on October 27, 2021.
- The trial court revoked community control and imposed 60 months in prison.
- Coleman appealed, arguing the court abused its discretion and a shorter sanction was appropriate; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing a prison term after Coleman admitted community-control violations | State: Court validly revoked community control and imposed a prison term within the range previously authorized | Coleman: Sentence excessive; court should have imposed a more lenient sanction | Affirmed: Court acted within R.C. 2929.15(B) discretion and considered R.C. 2929.11/2929.12 factors; sentence not clearly and convincingly contrary to law |
Key Cases Cited
- State v. Jackson, 81 N.E.3d 1237 (Ohio 2016) (explains trial-court discretion under R.C. 2929.15(B) for community-control violations)
- State v. Jones, 169 N.E.3d 649 (Ohio 2020) (clarifies appellate review limits and that R.C. 2929.11/2929.12 do not require specific on-the-record findings)
- State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (standard for appellate reversal of sentences under R.C. 2953.08(G)(2))
- Cross v. Ledford, 120 N.E.2d 118 (Ohio 1954) (defines the clear-and-convincing-evidence standard)
