State v. Grega, 2014 Ohio 5179

Grega was convicted by jury of robbery (felony) and petty theft (misdemeanor) from a department store in Ashtabula County.
On remand after an earlier partial reversal, the trial court merged the offenses and resentenced on the robbery to three years while giving credit for time served.
The sentence was again imposed after considering the record, statements, and the presentence report under the purposes and factors of felony sentencing.
Grega argues the 36-month term is excessive and not supported by 2929.11/2929.12 factors; he asserts the sentence should be reduced.
The appellate court ultimately affirmed the resentencing, finding no abuse of discretion given Grega’s extensive prior record and seriousness of the conduct.
The procedural posture involves post-H.B. 86 standard of review under RC 2953.08(G)(2) for felony sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the re-sentence to 3 years was an abuse of discretion	Grega argues the sentence is excessive given the acts	Grega relies on 2929.11/2929.12 to claim lesser sentence	No abuse; court considered seriousness and recidivism factors and did not abuse discretion.
Appropriate standard of review for the felony sentence	Grega contends applicable standard requires deference to the trial court	Court applied RC 2953.08(G)(2) post HB 86	Standard properly applied; Kalish framework retained but HB 86 revived 2953.08(G) review.

State v. Kalish, 120 Ohio St.3d 23 (2008) (establishes two-step review for felony sentences with possible de novo review and abuse standard)
State v. Cornelison, 2014-Ohio-2884 (11th Dist. Lake No 2013-L-064, 2014-Ohio-2884) (HB 86 standard; still considers 2929.11/2929.12 factors; review not limited to mere discretion)
State v. Arnett, 88 Ohio St.3d 208 (2000) (requires consideration of seriousness and recidivism factors without mandatory factual findings)
State v. Foster, 109 Ohio St.3d 1 (2006) (restructured sentencing procedure; non-mandatory findings; guidance on sentencing discretion)