2023 Ohio 2076
Ohio Ct. App.2023Background:
- Darrell Harris pleaded guilty in June 2021 to one count of third-degree felony domestic violence and was sentenced to the maximum 36 months; that plea was later vacated on appeal for not being knowing and voluntary.
- In September 2022 Harris entered a new guilty plea; the court ordered a probation-investigation report and victim-impact statement.
- In October 2022 the trial court again imposed the maximum 36-month prison term (with credit for time served) and indicated it might grant judicial release if Harris earned his GED.
- At sentencing the court heard the victim ask for the maximum because she still felt threatened; the judge questioned Harris’s remorse and discussed his disciplinary record, programming participation, GED progress, employment, and housing.
- Harris appealed, arguing the 36‑month maximum sentence was not supported by the record under R.C. 2929.11 and 2929.12.
- The appellate court reviewed the sentencing under R.C. 2953.08(G)(2) and considered controlling Ohio Supreme Court precedent limiting appellate review of compliance with R.C. 2929.11/2929.12.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 36‑month maximum sentence is unsupported by the record under R.C. 2929.11 and 2929.12 | State: Trial court considered victim impact and statutory factors and imposed a lawful sentence | Harris: Sentence is not supported by the record under R.C. 2929.11/2929.12 | Court held Harris failed to show the court did not consider the statutes; appellate court may not reweigh evidence under R.C. 2953.08(G)(2) |
Key Cases Cited:
- State v. Jones, 169 N.E.3d 649 (Ohio 2020) (R.C. 2953.08(G)(2)(a) does not permit appellate relief based on alleged noncompliance with R.C. 2929.11/2929.12)
- State v. Toles, 186 N.E.3d 784 (Ohio 2021) (reinforces Jones: appellate courts cannot reweigh evidence about compliance with R.C. 2929.11/2929.12)