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State v. Denney
2021 Ohio 2090
| Ohio Ct. App. | 2021
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Background

  • 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).
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Case Details

Case Name: State v. Denney
Court Name: Ohio Court of Appeals
Date Published: Jun 23, 2021
Citation: 2021 Ohio 2090
Docket Number: C-200066
Court Abbreviation: Ohio Ct. App.