State v. Gibson
2016 Ohio 1015
Ohio Ct. App.2016Background
- Gibson pleaded guilty by Alford to an amended count of Attempted Rape in exchange for dismissal of other charges.
- The charged victim was a 15-year-old female; alcohol was provided by Gibson; the state alleged substantial impairment of victim.
- A change-of-plea hearing occurred on April 20, 2015, with a written plea filed the same day and accepted on April 22, 2015.
- Gibson’s sentencing occurred on June 10, 2015, with defense seeking community control and arguing lack of awareness due to darkness and low blood sugar; he claimed mistaken identity.
- The court found no genuine remorse, noted credibility determinations, and emphasized victim harm, Gibson’s prior record, and post-release control concerns.
- Judgment Entry on June 15, 2015 imposed an eight-year prison term for Attempted Rape.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the eight-year sentence is contrary to law. | State contends the court properly weighed factors to justify prison term. | Gibson argues factors under 2929.12 favor a shorter term due to remorse and circumstances. | Sentence affirmed; within court’s discretion and supported by factors. |
Key Cases Cited
- State v. Mathis, 109 Ohio St.3d 54 (2006-Ohio-855) (full discretion to impose a sentence within the statutory range; no required weight for factors)
- State v. Holin, 174 Ohio App.3d 1 (2007-Ohio-6255) (court not required to give specific weight to any factor)
- State v. Davis, 11th Dist. Lake No. 2010-L-148, 2011-Ohio-5435 (2011-Ohio-5435) (reviewing court defers to trial court on credibility and remorse determinations)
- State v. Karsikas, 11th Dist. Ashtabula No. 2014-A-0065, 2015-Ohio-2595 (2015-Ohio-2595) (remorse is not mandatory for lesser sentence if maximum is necessary)
- State v. Delmanzo, 11th Dist. Lake No. 2007-L-218, 2008-Ohio-5856 (2008-Ohio-5856) (court must consider statutory factors; not bound to a particular weight)
- State v. Deniro, 11th Dist. Lake Nos. 2012-L-121 and 2012-L-122, 2013-Ohio-2826 (2013-Ohio-2826) (remorse and other factors may be weighed against purposes of sentencing)