State v. Dunlap
2013 Ohio 5083
Ohio Ct. App.2013Background
- Dunlap was charged in 2011 CR 0066 with breaking and entering (felony, 5th degree) and theft; theft was dismissed, he pled guilty to breaking and entering; sentenced to five years of community control with restitution.
- The State later sought revocation of community control; Dunlap admitted violating terms (marijuana use, associating with a known drug user) and was reimprisoned for 12 months with local jail credit; restitution re-imposed.
- In 2013 CR 0035, Dunlap was indicted for escape (felony, 5th degree) arising from judicial release violations in 2011 CR 0066; he pled guilty to the judicial release violation and the escape.
- The State recommended 12 months on the judicial release violation and community control for the escape count; the trial court sentenced Dunlap to 12 months for the escape and ordered consecutive sentencing to the 2011 CR 0066 term.
- Dunlap argued the 12-month escape sentence was improper under the sentencing statutes and that consecutive sentences were not properly justified; this appeal challenges the 2013 sentence while 2011 CR 0066 appeal is dismissed for lack of prosecutorial argument on that issue.
- The court affirmed the 12-month sentence for the escape and found proper consecutive-sentence findings under HB 86; Appeal No. 2-13-15 was dismissed for lack of prosecutorial argument; overall judgments in 2-13-16 affirmed and 2-13-15 dismissed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 12-month escape sentence comply with 2929.11-12 and district findings. | Dunlap argues the 12-month term for escape is improper under 2929.11-12. | State contends the factors supported the sentence and recidivism risk. | No error; sentence supported by statutory factors and recidivism evidence. |
Key Cases Cited
- State v. Daughenbaugh, 2007-Ohio-5774 (2007) (meaningful review of sentence; may remand for re-sentencing if unlawful)
- State v. Kincade, 2010-Ohio-1497 (2010) (no requirement for explicit findings of 2929.12 factors)
- State v. Hites, 2012-Ohio-1892 (2012) (HB 86 consecutive-sentence findings on record)
- State v. Alexander, 2008-Ohio-1485 (2008) (distinguishes community control vs. judicial release rules)
- State v. Galbraith, 2012-Ohio-5231 (2012) (addressed appellate review of sentencing under 2929.14)