State v. Davis, 2011 Ohio 3184

Appellant Tony Davis was cited on August 4, 2009 for operating a vehicle without a valid license, failing to signal, and fleeing and eluding.
Plea agreement led to a no contest plea to a first-degree misdemeanor and a minor misdemeanor; fleeing and eluding was dismissed.
On May 17, 2010 the trial court sentenced Davis to 120 days in jail and fines totaling $300 for the two offenses.
Davis filed a motion for delayed appeal; the court granted it and stayed the sentence pending appeal.
Appellee did not file a brief; the court may review the appeal on Davis’s statements under App.R. 18(C).
The sole issue concerns whether the trial court properly considered the purposes and appropriateness of misdemeanor sentencing under R.C. 2929.21 and 2929.22.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court properly considered sentencing purposes	Davis	Davis	No reversible error; record lacks transcript; presumed compliance

State v. Crable, 7th Dist. No. 04-BE-17, 2004-Ohio-6812 (Ohio) (presumption of proper sentencing within statutory limits; abuse of discretion review)
State v. Vittorio, 2011-Ohio-1657 (7th Dist. No. 09-MA-166, 2011) (silent record creates rebuttable presumption of consideration of sentencing criteria)
State v. Best, 2009-Ohio-6806 (7th Dist. No. 08-MA-260, 2009) (sentencing review under appellate standards for silent records)
State v. Frazier, 158 Ohio App.3d 407, 2004-Ohio-4506 (Ohio) (abuse of discretion standard for misdemeanor sentencing)
In re Slusser, 140 Ohio App.3d 480, 487 (Ohio) (guidance on appellate review of trial court findings)
Knapp v. Edwards Laboratories, 61 Ohio St.2d 197, 1980 (Ohio) (requirements of providing an adequate transcript on appeal)
Burrell v. Kassicieh, 128 Ohio App.3d 226, 232 (Ohio) (appellate burden to demonstrate error with proper record)
Adams, 62 Ohio St.2d 151, 1980 (Ohio) (definition of abuse of discretion in sentencing context)