State v. Hodges
2014 Ohio 4690
Ohio Ct. App.2014Background
- Hodges pled guilty to murder with a three-year firearm specification and related offenses; the murder, aggravated robbery, and improperly handling firearms in a motor vehicle were merged as allied offenses; the state proceeded to sentencing on the murder conviction; Hodges I reversed Hodges’ consecutive sentences for lack of proper R.C. 2929.14(C)(4) findings and remanded; at resentencing Hodges challenged the court’s findings and reliance on silence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly found R.C. 2929.14(C)(4) findings before imposing consecutive sentences | Hodges argues the court failed to make required findings | State contends findings were made and supported | Findings satisfied Bonnell standard; proper findings supported consecutive sentences |
| Whether silence at resentencing improperly used to infer lack of remorse | Hodges argues silence cannot be used against him | State contends silence can be considered alongside prior statements | Silence cannot be used to infer remorse; lack of remorse may be shown by prior statements; court did not rely on silence in isolation |
| Whether clerical omission warrant nunc pro tunc correction on Bonnell requirements | N/A | N/A | Remanded to issue nunc pro tunc entry correcting sentencing record to reflect findings |
Key Cases Cited
- Bonnell v. State, 140 Ohio St.3d 209 (2014-Ohio-3177) (requires that findings be in the sentencing record; word-for-word recitation not required)
- State v. Betts, 8th Dist. Cuyahoga No. 88607, 2007-Ohio-5533 (2007-Ohio-5533) (silence at sentencing cannot be used against defendant; lack of remorse considered as a factor)
- State v. Clunen, -, 2013-Ohio-5525 (2013-Ohio-5525) (courts may consider lack of remorse within statutory factors)
- State v. Moore, -, 2012-Ohio-3885 (2012-Ohio-3885) (silence at sentencing not to be used to infer remorse in some contexts)
- Mitchell v. United States, 526 U.S. 314 (1999) (penalty-phase silence; open question whether it informs remorse)
- White v. Woodall, 134 S. Ct. 1697 (2014) (updates on to whether silence bears on remorse/sentencing)
- State v. Hodges, 8th Dist. Cuyahoga No. 99511, 2013-Ohio-5025 (2013-Ohio-5025) (Hodges I; reversal on lack of R.C. 2929.14(C)(4) findings)