State v. Harder
2013 Ohio 580
Ohio Ct. App.2013Background
- Harder, Stewart, and Jones were charged; Harder pled guilty to two counts each of aggravated burglary, abduction, and attempted rape.
- Stewart pled guilty to two counts of aggravated burglary and abduction with firearm specs; Jones pled guilty to aggravated burglary with firearm specs.
- Harder was sentenced to six years; Stewart to five years plus a one-year firearm spec; Jones to eleven years (eight for burglary, three for firearm).
- Court reviewed presentence report and considered victim impact statements; letters from family; defendant’s youth and limited adult criminal history.
- This appeal challenges whether Harder’s sentence is inconsistent with Stewart’s and whether the court properly weighed factors to justify any disparity; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consistency with co-defendant Stewart under RC 2929.11(B) | Harder argues court failed to consider consistency with Stewart | Stewart’s sentence evidence of inconsistency; court should align with Stewart | Court held sentences were consistent, not contrary to law |
| Reasonableness of disparity given unique conduct | Harder’s conduct (neck tie, attempted rape) justified higher sentence than Stewart | Court properly weighed factors and individualized sentence for Harder | Sentence not contrary to law; court properly considered factors |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step felony-sentencing review requirement)
- State v. Saxon, 109 Ohio St.3d 176 (2006-Ohio-1245) (distinct sentencing within co-defendants allowed; not uniformity)