State v. Goudy
2017 Ohio 7306
Ohio Ct. App.2017Background
- On December 20, 2014, Justin Goudy was stopped by Ohio State Highway Patrol; officer detected alcohol odor and Goudy admitted drinking. He displayed sobriety-test clues and was arrested.
- Goudy refused a breath test; a blood test showed BAC of .240.
- Goudy pleaded no contest to R.C. 4511.19(A)(1)(a) (DUI) and R.C. 4511.19(A)(1)(f) (high BAC); other charges were dismissed.
- Court sentenced Goudy to two years community control; for the high-BAC offense imposed 30 days jail (10 mandatory, 3 of the 10 may be satisfied by a 72‑hour program), 20 days on electronic monitoring, 6 license points, $800 fine, and three-year license suspension.
- On appeal Goudy raised two issues: (1) whether the trial court treated a prior Tennessee conviction as an equivalent offense (increasing penalties); and (2) whether the trial court failed to consider misdemeanor sentencing factors in R.C. 2929.22.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Goudy) | Held |
|---|---|---|---|
| Whether trial court treated prior Tennessee conviction as equivalent offense for sentencing under former R.C. 4511.19(G) | The court argued the record supports the sentencing imposed and deferred to the trial court's discretion | Goudy argued the court relied on the Tennessee conviction to impose enhanced penalties (mandatory jail days) and thus was not treated as a first-time offender | Court held the record does not show the court treated the Tennessee conviction as an equivalent prior offense; sentencing matches first-offender penalties, so no error |
| Whether trial court failed to consider R.C. 2929.22 misdemeanor sentencing factors | State argued the trial court considered relevant facts and exercised discretion appropriately | Goudy argued the court did not expressly address factors (nature of offense, military service, traumatic brain injury/PTSD) and therefore abused discretion | Court held there is a presumption the trial court considered R.C. 2929.22 factors; record shows the court was aware of and discussed Goudy’s veteran status, injuries, treatment, and high BAC, so no abuse of discretion |
Key Cases Cited
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard for appellate review of discretionary rulings)