State v. Fresenko, 2016 Ohio 4958

In April 2015 police found Christopher Fresenko passed out in the front seat of a stolen vehicle and appearing highly intoxicated.
Charged in May 2015 with receiving stolen property (felony 4), he pleaded in June 2015 to attempted receiving stolen property, a fifth-degree felony.
At sentencing the trial court imposed the statutory maximum 12-month prison term and advised postrelease control.
The trial court noted consideration of R.C. 2929.11 and 2929.12 and discussed factors on the record, citing defendant’s alcohol history, numerous prior misdemeanors (about 42) and two prior felonies, and recent dangerous conduct.
Fresenko appealed, arguing the sentence was not commensurate with the crime (invoking former R.C. 2929.14(C)).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 12‑month sentence was not commensurate/was contrary to law	State: sentence is within the statutory range and trial court considered required factors under R.C. 2929.11/2929.12	Fresenko: maximum sentence is disproportionate and relied on pre‑Foster R.C. 2929.14(C) standards	Court: affirmed. Twelve months is within the statutory range; the court considered statutory purposes/factors; sentence not contrary to law and record supports it

State v. Foster, 109 Ohio St.3d 1 (2006) (trial courts have discretion to impose any prison term within the statutory range; mandatory findings for maximum sentences were severed)
State v. Wilson, 129 Ohio St.3d 214 (2011) (trial court need not use specific language or make factual findings on the record to show consideration of R.C. 2929.11 and 2929.12)