State v. Jenkins
2015 Ohio 4583
Ohio Ct. App.2015Background
- Michael Jenkins convicted by jury of rape, complicity to commit rape, and kidnapping for offenses committed in 1994.
- At the time of the offenses (1994) Ohio sentencing law provided for indefinite terms for certain crimes; Am. H.B. 86 (effective Sept. 30, 2011) created a new, definite-term sentencing regime and reduced the maximum penalty for rape.
- At sentencing the trial court applied H.B. 86’s definite-term provisions rather than the pre-2011 indefinite sentencing scheme, relying on this court’s line of decisions interpreting R.C. 1.58(B) to permit application of the newer, more lenient penalties to pre-2011 offenses when H.B. 86 reduced the statutory maximum.
- The State appealed, arguing Jenkins should have received an indefinite sentence under the sentencing law in effect in 1994.
- The State candidly acknowledged that its position conflicted with controlling precedent of the Eighth District and preserved the issue for further review; the court summarily overruled the assignment of error and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Jenkins must receive an indefinite sentence under the law in effect when the crimes were committed (1994) | Jenkins should be sentenced under the 1994 indefinite-sentencing regime; H.B. 86 should not apply retroactively | Jenkins argued R.C. 1.58(B) and Eighth District precedent permit applying H.B. 86’s reduced/definite terms because penalties decreased | Court rejected the State’s challenge and affirmed application of H.B. 86 under existing Eighth District precedent |
Key Cases Cited
No cases with official reporter citations were cited in this opinion; the court relied on recent Eighth District unpublished decisions interpreting R.C. 1.58(B) (e.g., State v. Jackson; State v. Girts; State v. Steele) to reach its result.