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State v. Glenn
2014 Ohio 4084
Ohio Ct. App.
2014
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Background

  • Glenn was charged with aggravated burglary (first-degree felony) and burglary (second-degree felony) but pled guilty to attempted burglary (third-degree felony).
  • The trial court sentenced Glenn to 36 months in prison.
  • On appeal, Glenn argues the sentence is the maximum and violates RC 2929.11 and 2929.12 findings requirements.
  • The appellate standard of review follows RC 2953.08(G)(2), allowing modification or remand if the record lacks required findings or the sentence is contrary to law.
  • The court held the sentence is within the statutory range for a third-degree felony and presumptively valid.
  • The court found the trial court properly considered the purposes and factors of sentencing and that Glenn was not amenable to community control.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the sentence violates RC 2929.11/2929.12 findings Glenn argues the court failed to consider sentencing factors and state required findings. Glenn contends the court did not provide proper consideration or documentation of factors. No; sentence within range and findings satisfied.

Key Cases Cited

  • State v. May, 2013-Ohio-2697 (8th Dist. Cuyahoga No. 99064 (2013)) (presumptive validity where within range and factors acknowledged)
  • State v. Collier, 2011-Ohio-2791 (8th Dist. Cuyahoga No. 95572 (2011)) (within-range sentences presumptively valid after considering factors)
  • State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (guarantees sentencing framework considerations)
  • State v. Saunders, 2013-Ohio-490 (8th Dist. Cuyahoga No. 98379 (2013)) (court need not discuss every factor on the record)
  • State v. Wright, 2014-Ohio-3230 (8th Dist. Cuyahoga No. 100433 (2014)) (different weight given to factors does not render sentence improper)
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Case Details

Case Name: State v. Glenn
Court Name: Ohio Court of Appeals
Date Published: Sep 18, 2014
Citation: 2014 Ohio 4084
Docket Number: 100726
Court Abbreviation: Ohio Ct. App.