State v. Green
2019 Ohio 1816
Ohio Ct. App.2019Background
- Shawn D. Green was indicted for aggravated robbery (first-degree felony) and felonious assault (second-degree felony) arising from an October 5, 2017 robbery in which he brandished a weapon and was paid for his participation.
- On February 27, 2018 Green withdrew his not-guilty plea and pled guilty to aggravated robbery; the state dismissed the felonious-assault count in exchange for the plea.
- The trial court conducted a Crim.R. 11 colloquy, accepted the plea, and set sentencing for May 9, 2018.
- At sentencing the court imposed six years imprisonment for aggravated robbery; the judgment entry (May 15, 2018) recited consideration of the record, oral statements, victim impact, the presentence report, and the principles in R.C. 2929.11 and factors in R.C. 2929.12.
- Green appealed, arguing the trial court failed to comply with R.C. 2929.11 and 2929.12 when imposing the six-year sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court complied with R.C. 2929.11 and 2929.12 when imposing sentence | State: court considered required sentencing principles and factors | Green: court failed to adequately consider statutory sentencing criteria before imposing six years | Court: affirmed — record shows the court considered R.C. 2929.11 and 2929.12; appellant failed to show by clear and convincing evidence that the sentence was unsupported or contrary to law |
Key Cases Cited
- Marcum, 146 Ohio St.3d 516 (Ohio 2016) (articulates R.C. 2953.08(G)(2) clear-and-convincing appellate-review standard for felony sentences)
- Arnett, 88 Ohio St.3d 208 (Ohio 2000) (trial court need not use specific words or make specific findings to demonstrate consideration of R.C. 2929.11 and 2929.12)