State v. Ellis, 2018 Ohio 5293

On April 16, 2017 Roy B. Ellis, Jr. crossed the center line and struck another vehicle; he was found under the influence of heroin and prescription medication. The victim suffered severe, permanent injuries.
Ellis was indicted on aggravated vehicular assault (second-degree felony) and vehicular assault (third-degree felony).
On January 4, 2018 Ellis pled guilty to count two (vehicular assault, a third-degree felony) and the case proceeded to sentencing.
At sentencing Ellis requested a continuance to obtain a mental health evaluation for mitigation; the trial court denied the continuance and imposed the maximum statutory term of five years.
Ellis appealed, arguing (1) his maximum sentence violated the purposes and principles of sentencing and (2) the trial court abused its discretion by denying the continuance for the evaluation.
The Twelfth District Court of Appeals affirmed the sentence, finding the court acted within its discretion and the sentence was supported by the record.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Ellis)	Held
Whether the five-year sentence violated the purposes and principles of sentencing	Sentence is within statutory range and trial court considered R.C. 2929.11/2929.12; supported by record	Five-year maximum is contrary to law and the principles of sentencing given mitigation, remorse, and mental health issues	Court: Affirmed. Sentence within statutory range; court considered required factors; not contrary to law
Whether denial of a continuance for a mental-health evaluation was an abuse of discretion	Denial was proper; psychological report is discretionary and defendant could have procured it earlier	Denial was unreasonable and deprived Ellis of mitigation evidence	Court: Affirmed. Denial not an abuse of discretion; trial court aware of mental-health claims and discretion to require report

State v. Unger, 67 Ohio St.2d 65 (Ohio 1981) (standard for reviewing trial court's decision to grant or deny a continuance; abuse of discretion review)
State v. Brandenburg, 146 Ohio St.3d 221 (Ohio 2016) (appellate standard for modifying or vacating felony sentences under R.C. 2953.08)