State v. Davis
2017 Ohio 6904
Ohio Ct. App.2017Background
- On May 4, 2016, officers pursued Kristapher Davis after reports of a suspicious person and a black Chevrolet Malibu seen at the victim Ken Davis’s property; Davis led police on a high-speed chase, exited the vehicle, fled on foot, and resisted commands before being detained.
- Officers recovered a stolen firearm, ammunition, and money from Ken Davis’s garage; the victim was not related to defendant.
- Davis was indicted on multiple counts (including two burglaries, safecracking, grand theft of a firearm, failure to comply, weapons offenses); firearm specifications were attached to several counts.
- Pursuant to a plea agreement, Davis pled guilty to one count of burglary under R.C. 2911.12(A)(3) and one count of failure to comply with an officer under R.C. 2921.331; remaining counts and all firearm specifications were dismissed with prejudice.
- The trial court imposed maximum consecutive prison terms of 36 months on each count; Davis appealed, challenging sufficiency for burglary, ineffective assistance, and the imposition of maximum sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether maximum consecutive 36-month sentences were improper | State: sentencing court considered R.C. 2929.11/2929.12 factors and record supports sentence | Davis: record does not support findings to impose maximum sentences or that conduct was worst form of the offense | Affirmed — court found sentence not clearly and convincingly contrary to law; record supported seriousness and recidivism findings |
| Whether burglary conviction lacks evidentiary support for "occupied structure" element | State: plea constituted admission; prosecutor and record support occupied-structure theory | Davis: garage was unoccupied; prosecutor’s sentencing statements show victim asked him to leave property, implying garage not occupied | Affirmed — guilty plea waived sufficiency challenge; record and prosecutor’s statements were ambiguous and defendant didn’t dispute garage had an apartment; burglary plea stands |
| Whether counsel was ineffective for allowing guilty plea to burglary | State: no deficient performance shown or prejudice; plea process was proper | Davis: counsel should not have permitted guilty plea because burglary element lacked evidence | Affirmed — claim moot after plea and record does not show deficient performance or reasonable probability of a different outcome |
| Whether sentencing court abused discretion by relying on drug use and criminal history | State: court properly relied on prior convictions, probation violations, substance abuse and refusal of treatment | Davis: these factors do not justify maximum consecutive terms | Affirmed — court properly considered R.C. 2929.11/2929.12 factors including recidivism and risk and balanced mitigating considerations |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (standard for appellate review of felony sentences under R.C. 2953.08(G)(2))
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1953) (definition of clear and convincing evidence)