State v. Cowan
2013 Ohio 4475
Ohio Ct. App.2013Background
- Cowan was indicted May 31, 2011, on multiple counts of felonious assault and kidnapping with firearm specifications, plus related weapon offenses and forfeitures.
- A bifurcated process led to a bench trial on certain specifications and a jury trial on the remaining charges starting January 9, 2012.
- The jury acquitted or dismissed some counts but found Cowan guilty of felonious assault with firearm specifications, and discharging a firearm near/prohibited premises, along with related specifications.
- Separately, the trial court found Cowan guilty of having a weapon while under disability, improperly handling a firearm in a motor vehicle, and associated forfeitures, imposing a total of 18 years consecutive prison terms.
- This court previously affirmed most convictions, partially reversed the sentence, and remanded for resentencing; at resentencing on February 6, 2013, the 18-year consecutive sentence was reimposed.
- The appellate court reversed and remanded for a de novo resentencing after finding the trial court failed to make the mandated R.C. 2929.14(C)(4) findings for consecutive sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consecutive sentences were properly imposed | Cowan | Cowan | Consecutive findings missing; reverse and remand |
| Pro se challenges raised on sentencing and jury instructions | Cowan | Cowan | Barred by res judicata; denied |
Key Cases Cited
- State v. Wells, 2013-Ohio-3809 (8th Dist. Cuyahoga) (standard of review for consecutive sentences post-H.B. 86)
- State v. Venes, 2013-Ohio-1891 (8th Dist. Cuyahoga) (compliance requirements for consecutive-sentence findings)
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (Kalish framework for consecutive-sentence findings (revised by HB 86))
- State v. Jones, 93 Ohio St.3d 391 (2001-Ohio-1341) (distinct-findings requirement for consecutive sentences)
- State v. Perry, 10 Ohio St.2d 175 (1967) (foundational res judicata principle for related claims)
- State v. Kelly, 8th Dist. Cuyahoga No. 97673 (2012-Ohio-2930) (res judicata bar when issues could have been raised on direct appeal)