2021 Ohio 3976
Ohio Ct. App.2021Background
- Lori Golding pled guilty to aggravated vehicular assault (3rd-degree felony) and OVI after driving with a 0.311 BAC and causing a collision that seriously injured victim Russel Lynn.
- Victim suffered multiple broken bones, a punctured lung, prolonged rehabilitation; three other counts were dismissed under the plea.
- At sentencing the trial court imposed 48 months imprisonment (within the statutory range).
- The court expressly addressed R.C. 2929.11 and 2929.12 factors, noting extreme harm to the victim, the victim's age, Golding's prior criminal history (including a fourth OVI), and past failures at rehabilitation; the court also noted Golding’s remorse.
- Golding argued the court improperly discounted mitigating factors under R.C. 2929.12(C) and made inconsistent findings under R.C. 2929.12(D) and (E), claiming the sentence was contrary to law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard of appellate review for claims about R.C. 2929.11/2929.12 | State: Jones controls; appellate review is whether sentence is "contrary to law," not reweighing factors | Golding: Cites Marcum/ R.C. 2953.08(G) and contends the record does not support the sentence | Court followed Jones: appellate court may not vacate/modify sentence merely because it would weigh R.C. 2929.12 factors differently |
| Whether trial court erred in weighing R.C. 2929.12 factors / made inconsistent findings | State: Trial court considered relevant factors, made supported findings, sentence within statutory range | Golding: Court discounted substantial mitigating grounds and misstated facts when applying R.C. 2929.12 | Held: No reversible error — court considered and cited R.C. 2929.12(B)-(E), findings supported by record; sentence affirmed |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (discussed appellate review of R.C. 2929.11/2929.12 but later characterized as dicta)
- State v. Jones, 163 Ohio St.3d 242 (Ohio 2020) (holds appellate courts may not modify/vacate a sentence under R.C. 2953.08 based solely on a belief the record does not support R.C. 2929.11/2929.12 findings)