State v. Delmont
2017 Ohio 8946
| Ohio Ct. App. | 2017Background
- On July 13, 2015, Anthony Delmont attempted to force entry into a homeowners’ sliding door; the homeowners woke, chased him off, and later discovered their adjacent motor home had been ransacked and damaged. Blood in the motor home matched Delmont by DNA.
- Delmont was indicted on four counts (Attempted Burglary F3; Burglary F3; Breaking & Entering F5; Vandalism F4); two counts were dismissed as part of a plea.
- In August 2016 Delmont pled guilty to attempted burglary and burglary (two third-degree felonies). A PSI was prepared.
- At sentencing (December 2016) the trial court imposed concurrent 12-month prison terms (total 12 months) and $500 restitution. The court relied on victim harm and property damage in explaining the sentence.
- Delmont argued the court failed properly to consider R.C. 2929.11 and 2929.12 (seriousness and recidivism factors) and should have imposed community control given his rehabilitation at a residential treatment program (Lia House) and limited prior record. The majority affirmed; one judge dissented and would have imposed community control per the probation department’s recommendation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sentence is contrary to law for failure to properly consider R.C. 2929.11/2929.12 | Trial court considered victims’ harm and the PSI; sentence within statutory range and complies with sentencing statutes | Court ignored mitigating factors (treatment, limited record, remorse) and failed to transparently weigh statutory factors | Affirmed: record shows consideration of statutory factors; sentence not contrary to law under R.C. 2953.08(G)(2) |
| Whether prison was required rather than community control | State/probation recommendation was ambiguous; court provided reasons (victim harm) for imprisonment | Delmont urged community control to continue successful treatment at Lia House; probation recommended supervision with community sanctions | Affirmed: court explained reliance on victim harm and balanced factors; prosecutor’s recommendation unclear |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (2016) (appellate review of felony sentences limited by R.C. 2953.08(G)(2))
- State v. Arnett, 88 Ohio St.3d 208 (2000) (trial court need not state specific findings to show consideration of R.C. 2929.12)
- State v. Tibbetts, 92 Ohio St.3d 146 (2001) (drug addiction may be given some mitigating weight at sentencing)