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