State v. Graves
2013 Ohio 2197
Ohio Ct. App.2013Background
- Graves pleaded guilty to domestic violence (4th-degree felony) and violating a protection order (5th-degree felony); other counts were dismissed.
- At sentencing in May 2012, Graves was released on bond pending sentencing, with a no-contact order with the victim.
- Graves allegedly sent threatening text messages to the victim while on bond; Graves claimed his sister sent the texts, but the court rejected this for lack of corroboration.
- The trial court sentenced Graves to 18 months for domestic violence and 12 months for violating the protection order, to run consecutively.
- On appeal Graves challenges (1) the interpretation of statutes governing sentencing and (2) the failure to state all required consecutive-sentencing findings; he also contends ineffective assistance of counsel.
- This court reverses the judgment and remands for resentencing to address only the missing mandatory findings for consecutive sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court err in applying R.C. 2929.13(B)(1)(a)? | Graves argues 2929.13(B)(1)(a) precludes prison for the protection-order violation. | State contends the statute does not apply to this case. | Statute inapplicable; no error. |
| Were the mandatory consecutive-sentencing findings made on the record? | Graves contends the court failed to make all required findings for consecutive sentences. | State asserts the findings were implicit or otherwise supported. | Findings were not fully stated; remand for resentencing. |
| Did Graves receive ineffective assistance of counsel at sentencing? | Graves asserts counsel failed to mitigate or challenge the new allegations. | State argues counsel acted competently under Strickland. | No merit; no ineffective assistance found. |
Key Cases Cited
- State v. Bonner, 2012-Ohio-2931 (8th Dist. No. 97747) (consecutive-sentence findings requirements)
- State v. Goins, 2013-Ohio-263 (8th Dist. No. 98256) (standard of review after HB 86)
- State v. Lebron, 2012-Ohio-4156 (8th Dist. No. 97773) (consecutive sentences require proportionality findings)
- State v. Matthews, 2012-Ohio-5174 (8th Dist. No. 97916) (engaged analysis satisfies statutory findings even without talismanic words)
- State v. Shepherd, 2012-Ohio-5415 (8th Dist. No. 97962) (two findings addressed by criminal-history discussion)
- State v. Huber, 2012-Ohio-6139 (8th Dist. No. 98206) (remand for limited sentencing issues on appeal)
- State v. Spencer, 2013-Ohio-137 (3d Dist. Nos. 6-12-15 and 6-12-16) (HB 86 allows prison term where bond conditions violated)