State v. Harris
2019 Ohio 4711
Ohio Ct. App.2019Background:
- Appellant Micah Harris was indicted for fifth-degree felony trafficking in marijuana; he pled guilty and was placed on intervention in lieu of conviction with a one-year no-alcohol treatment condition.
- After multiple alleged alcohol-use violations, the court twice continued intervention but ultimately terminated it in July 2016 and entered a conviction; Harris was sentenced to two years of community control with a warned possible 12-month prison term for violation.
- While on community control Harris incurred further violations (underage consumption; alcohol-monitoring ordered) and additional treatment/screening conditions after subsequent violations.
- Harris later absconded to Southern Ohio and stopped reporting to probation; at a stipulated violation hearing the trial court revoked community control and imposed a 12-month prison term on September 11, 2018.
- Harris appealed, arguing the sentence is contrary to law because the trial court failed to comply with R.C. 2929.11 (purposes/principles of sentencing) and R.C. 2929.12 (seriousness and recidivism factors) and should have imposed community-control sanctions instead.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sentence is contrary to law for failure to comply with R.C. 2929.11 and 2929.12 | Harris: trial court did not follow R.C. 2929.11/2929.12 at sentencing and failed to consider mitigating factors; community control should have continued | State/Trial court: the court considered the statutes (judgment entry so states) and had discretion to weigh factors; appellant failed to rebut presumption of consideration | Court held the sentence was not contrary to law; trial court properly considered R.C. 2929.11 and 2929.12 and lawfully imposed 12 months' imprisonment |
Key Cases Cited
- State v. Brimacombe, 960 N.E.2d 1042 (Ohio Ct. App. 2011) (a trial court's statement that it considered R.C. 2929.11 and 2929.12 is sufficient to show compliance)
- State v. Arnett, 724 N.E.2d 793 (Ohio 2000) (trial court need not give a detailed, algebraic recitation applying each sentencing factor)