2017 Ohio 46
Ohio Ct. App.2017Background
- On July 2, 2015, Jacob R. Greer was driving 63–78 mph in a 35 mph zone and rear-ended a stopped vehicle, killing its driver.
- Toxicology showed trace alprazolam (not prescribed) and marijuana metabolite; Greer had prior substance-abuse convictions and tested positive for cocaine while on bond.
- Greer was indicted for two counts of aggravated vehicular homicide (one second-degree, one third-degree); he pleaded no contest to the third-degree count under R.C. 2903.06(A)(2)(a) and (B).
- At sentencing, the court considered the presentence investigation (PSI), victim impact statement, letters, and oral statements; the state remained silent per plea agreement.
- The trial court imposed a 54-month prison term (within the statutory range for a third-degree felony) and issued a judgment entry stating it had balanced R.C. 2929.11 and 2929.12 factors.
- Greer appealed, raising two assignments of error: (1) sentencing did not comply with R.C. 2929.11/2929.12 and was excessive; (2) the court erred by reading portions of the confidential PSI into the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence violated R.C. 2929.11/2929.12 and was excessive | Greer: court failed to properly consider/ balance statutory seriousness and recidivism factors; sentence excessive | State/Court: court has discretion to impose any lawful sentence within range and explicitly stated it considered record, PSI, victim impact and R.C. 2929.11/2929.12 | Affirmed — record supports sentencing; 54 months within statutory range and court considered required factors |
| Whether reading PSI material in open court violated PSI confidentiality | Greer: PSI is confidential and its contents (direct quotes) should not be disclosed in open court | State/Court: PSI remains confidential as a record, but R.C. 2951.03(B)(3) permits a court to state or summarize PSI orally in open court; PSI was not provided to public | Affirmed — no error; court may orally state PSI material in support of sentence |
Key Cases Cited
- State v. Mathis, 109 Ohio St.3d 54 (2006) (trial court must consider R.C. 2929.11 and 2929.12 though specific findings are not required)
- State v. Arnett, 88 Ohio St.3d 208 (2000) (no specific language or findings required to show consideration of seriousness and recidivism factors)