State v. Gamache
2018 Ohio 4170
Ohio Ct. App.2018Background
- Averi Gamache was indicted on multiple drug offenses arising from incidents in March 2017; she pled guilty to aggravated trafficking and aggravated possession, and three counts were dismissed.
- Sentencing occurred April 26, 2018; the court imposed 8 years for trafficking and 2 years for possession, to run consecutively (aggregate 10 years).
- The court considered a presentence investigation report (PSI) and expressly weighed R.C. 2929.11 and 2929.12 factors (seriousness and recidivism).
- The court found organized criminal activity and several recidivism factors: prior felony history, commission while on community control, and bond violations for drug use; it also noted remorse and no juvenile record.
- Gamache appealed, arguing the sentence lacked record support and that the court impermissibly relied on unadjudicated conduct referenced in the PSI.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 10-year aggregate sentence is unsupported or contrary to law | State: Sentence is within statutory range and based on proper consideration of R.C. 2929.11–2929.12 factors | Gamache: Record does not support seriousness/recidivism findings; court relied on unadjudicated conduct | Affirmed: trial court considered statutory factors and cited record; sentence within statutory range and supported by PSI findings |
| Whether referencing pending/unadjudicated charges in PSI requires reversal | State: mere reference is permissible if not the basis for sentence | Gamache: trial court impermissibly considered unadjudicated conduct in sentencing | Affirmed: referencing unadjudicated conduct alone is not error absent reliance as the basis for sentence; court relied on other valid factors |
Key Cases Cited
- Marcum v. State, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231 (Ohio 2016) (standard for appellate review of felony sentences under R.C. 2953.08)
- Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (Ohio 1954) (definition of clear and convincing evidence)
- State v. Sullivan, 102 N.E.3d 86 (3d Dist. 2017) (discussion of clear-and-convincing standard in appellate review)