State v. Hartley
2012 Ohio 4108
Ohio Ct. App.2012Background
- Hartley was indicted on eight counts in Union County stemming from a May 16, 2008 scrap-steal incident involving a stolen truck with missing VIN and federal plates and a trailer with tampered VIN plates.
- Deputies found Hartley and his fiancée Richmond removing scrap steel; Hartley lived in a travel trailer on Webb’s property; the trailer displayed a VIN plate different from the manufacturer’s.
- Hartley’s counsel moved to suppress evidence seized from the travel trailer; the suppression hearing occurred, and counsel withdrew the motion after testimony.
- Hartley pled guilty on July 29, 2009 to two counts of receiving stolen property and two counts of tampering with evidence as part of a plea bargain; other counts were dismissed.
- At sentencing (Sept. 16, 2009) Hartley received consecutive sentences (11 months for each receiving-stolen-property count and 4 years for each tampering-with-evidence count) totaling nine years, ten months; restitution hearing occurred Oct. 27, 2009 where Hartley waived counsel and restitution was set at $32,275.57.
- On remand, the restitution order was re-entered with victims properly listed (Nov. 22, 2011).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel | Hartley argues counsel withdrew suppress motion, did not pursue an Alford plea, and failed to appear at restitution hearing. | State contends withdrawal, plea decisions, and absence were not prejudicial and were strategic. | No ineffective assistance; actions did not prejudice Hartley. |
| Consecutive sentencing | Hartley claims improper consideration of sentencing factors and cites alleged organized-crime reference. | State contends factors were properly considered; no reliance on uncharged conduct. | Consecutive sentences affirmed; within statutory factors and not clearly contrary to law. |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-part abuse-of-discretion review for felony sentencing under 2953.08(G))
- State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (established sentencing discretion framework under Foster; no requirement for specific findings in some contexts)
- State v. Daughenbaugh, 3d Dist. No. 16-07-07, 2007-Ohio-5774 (2007) (meaningful review of trial court’s sentence; possible remand for re-sentencing)