2011 Ohio 2654
Ohio Ct. App.2011Background
- Plea negotiations centered on failure to comply with police officer orders (R.C. 2921.331) with a planned sentence ranging 1–5 years.
- Defendant Jeffery fled a police signal July 2009; truck stolen in Obetz and involved in high-speed pursuit.
- Nov. 25, 2009 pretrial on failure-to-comply charge; additional receiving stolen property to be dismissed if he pled guilty to failure-to-comply.
- Jeffery failed to appear for the December 16, 2009 change-of-plea hearing; separate sentences were imposed in Delaware County (April 7, 2010) and Franklin County (July 21, 2010).
- August 4, 2010 Jeffery pled guilty to failure-to-comply; sentenced to 1 year, to run concurrently with other out-of-county sentences.
- October 13, 2010 State appealed, arguing the court should impose a consecutive sentence under R.C. 2921.331(D).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether sentence for failure to comply must run consecutively to other sentences | State argues R.C. 2921.331(D) requires consecutive terms. | Jeffery’s prior sentences did not permit retroactive consecutive sentencing. | Yes; statute mandates consecutive sentencing to other terms. |
Key Cases Cited
- State v. Clark, 2002-Ohio-3135 (Ohio 2002) (consecutive sentences permissible across separate cases under R.C. 2921.331(D))
- State v. Spicer, 2010-Ohio-61 (Ohio 2010) (failure-to-comply must run consecutive to any other term per R.C. 2921.331(D))
- State v. Mooney, 2005-Ohio-5655 (Ohio 2005) (automatic consecutive sentences valid under statute)