State v. Evans, 2012 Ohio 850

Appellant Landon Evans pled guilty to involuntary manslaughter, six counts of unlawful sexual contact with a minor, one count of tampering with evidence, and one count of gross abuse of a corpse.
Charges stemmed from an unlawful sexual relationship with Evans's minor half-sister, which culminated in a child’s birth and subsequent death.
May 12, 2011, the trial court sentenced Evans to 10 years for involuntary manslaughter, 18 months on each of the six sexual-conduct counts, and 5 years for tampering with evidence, to be served consecutively for a total of 24 years.
The trial court ruled that tampering and gross abuse of a corpse were allied offenses and merged for sentencing, so no separate sentence for gross abuse of a corpse was imposed.
Evans argues the sentence is excessive and not properly in line with statutory directives, and contends it fails to consider deterrence, rehabilitation, and restitution.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 24-year consecutive sentence is lawful given the statutory ranges.	Evans argues the court failed to comply with Kalish and statutes.	State contends sentence within statutory ranges and properly considered factors.	Not clearly and convincingly contrary to law; within statutory ranges.

State v. Kalish, 120 Ohio St.3d 23, 2008-Ohio-4912 (Ohio Supreme Court, 2008) (two-step review of felony sentencing; compliance then abuse of discretion)
State v. Foster, 109 Ohio St.3d 1, 2006-Ohio-856 (Ohio Supreme Court, 2006) (appellate court no longer required to impose findings but must consider statutory factors)
State v. Davis, 2007-Ohio-3944 (Ohio App. Fourth Dist., 2007) (abuse-of-discretion framework for sentencing decisions)