State v. Combs, 2013 Ohio 4816

Combs was indicted for aggravated burglary, burglary, and rape; he pleaded guilty to one count of aggravated burglary (a felony of the first degree).
He was sentenced to the maximum ten years on October 14, 2011, with the entry filed October 17, 2011.
Combs, proceeding pro se, appealed after a delayed appeal was granted in 2013.
The sentencing record shows the court did not rely on the dismissed rape count, but considered prior domestic violence, assault, protection-order violations, treatment for alcohol, and the violent nature of the conduct.
The central issue is whether the trial court was required to make findings under R.C. 2929.14 to support the maximum sentence after Foster.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court needed findings to support the maximum sentence	Combs argues findings were required under 2929.14(C) for maximum sentence.	State argues Foster eliminated mandatory findings for maximum terms and courts may impose within range.	No findings required; within statutory range; affirmed.

State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (trial courts no longer must state reasons for maximum sentences)
State v. Sherouse, 2011-Ohio-3421 (2d Dist. Montgomery 2011) (no mandatory findings for maximum sentences after Foster)
State v. Gibson, 2013-Ohio-2930 (2d Dist. Champaign 2013) (prefer favorable version of law when interpreting amended sentencing statutes)