State v. Denney
2021 Ohio 2090
| Ohio Ct. App. | 2021Background
- Dawson Denney pled guilty to burglary (third-degree felony under R.C. 2911.12(A)(3)) and received a three-year maximum prison term.
- Denney appealed, claiming the trial court erred by imposing a maximum sentence.
- The appellate standard for modifying/vacating a sentence is governed by R.C. 2953.08(G)(2)(a), which permits relief only if the sentence is contrary to law or the record fails to support required statutory findings.
- The record shows the trial court considered sentencing principles (R.C. 2929.11) and seriousness/recidivism factors (R.C. 2929.12), noted a co-conspirator, about $30,000 in victim damage, and that Denney committed the offense while on probation.
- The court held Denney’s sentence was within the statutory range, not contrary to law, and the trial court was not required to make additional findings before imposing the sentence.
- Judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is contrary to law or unsupported under R.C. 2953.08(G)(2) | Sentence is within statutory range and not contrary to law; appellate relief not warranted | Maximum sentence violates sentencing law and should be reduced | Affirmed: sentence within range and not contrary to law; appellate review limited by statute |
| Whether the maximum sentence violated R.C. 2929.11/2929.12 (principles and consistency) | Trial court considered 2929.11/2929.12; facts (co-conspirator, $30k damage, on probation) support maximum | Denney argues the maximum is inconsistent with sentencing principles and factors | Affirmed: court presumed to have considered statutes; record supports sentencing choice; appellate court will not reweigh evidence |
Key Cases Cited
- State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (explaining the limited scope of appellate review for felony sentences and admonishing that appellate courts should not reweigh sentencing evidence).
