State v. Hansen, 2012 Ohio 4574

Hansen was indicted on kidnapping (first-degree felony), attempted rape (second-degree felony), and felonious assault (second-degree felony).
A Crim.R. 11 plea agreement had Hansen plead guilty to felonious assault and kidnapping, with the rape charge dismissed and a five-year sentence recommendation by the State.
At sentencing, the State reaffirmed the five-year recommendation; the victim submitted a statement and the court could impose a broader range.
The trial court sentenced Hansen to eight years on each count (concurrent) plus five years of post-release control.
Hansen argued (1) breach of plea agreement, (2) due process Violation from references to the dismissed rape charge and victim’s statement, and (3) ineffective assistance of counsel.
The appellate court affirmed, finding no breach of the plea, no due process violation, and no ineffective assistance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Breach of plea agreement during sentencing	Hansen claims prosecutor breached by not following five-year recommendation	Hansen asserts the state’s comments violated the deal	No breach; comments urged no lesser sentence, within court’s discretion
Due process with dismissed charge evidence at sentencing	Hansen argues references to rape charge and victim’s statement violated due process	Starkey and related authorities permit consideration of dismissed/uncharged conduct and victim input	No due process violation; such references permissible in sentencing per case law
Ineffective assistance of counsel at sentencing	Counsel failed to object to alleged plea breach and dismissal references	Counsel was ineffective for not objecting	No prejudice; eight-year sentence reasonable; no ineffective assistance

Santobello v. New York, 404 U.S. 257 (U.S. 1971) (plea promises must be fulfilled; breach may warrant specific relief)
Puckett v. U.S., 556 U.S. 129 (U.S. 2009) (plain error review for plea-related claims; requires obvious error affecting substantial rights)
State v. Cooey, 46 Ohio St.3d 20 (Ohio 1989) (unpleaded crimes may be considered in sentencing; part of social history)
State v. Starkey, 2007-Ohio-6702 (Ohio 2007) (references to dropped/adjusted charges permissible in sentencing)
State v. Tolliver, 2003-Ohio-5050 (Ohio 2003) (uncharged crimes in presentence investigations may be considered)
United States v. Mennuti, 679 F.2d 1032 (2d Cir. 1982) (uncharged crimes may be considered in sentencing)
United States v. Needles, 472 F.2d 652 (2d Cir. 1973) (dropped counts may be considered in sentencing)
State v. Burton, 52 Ohio St.2d 21 (Ohio 1977) (course of defendant’s social history relevant to sentencing)
State v. Waddell, 75 Ohio St.3d 163 (Ohio 1996) (plain error standard and sentencing considerations)
State v. Kline, 2010-Ohio-3913 (Ohio 2010) (plain error review relevance to plea and sentencing)