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State v. Johnson
2011 Ohio 1532
Ohio Ct. App.
2011
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Background

  • May 25, 2009, Johnson repeatedly stabbed her uncle and attacked an EMS worker; the uncle died from the injuries.
  • On June 2, 2009, a grand jury indicted Johnson on aggravated murder and two counts of murder; the State later added aggravated burglary and EMS assault charges.
  • On November 6, 2009, Johnson pled guilty to involuntary manslaughter, aggravated burglary, and assault; other charges were dismissed.
  • At a November 30, 2009 sentencing, the court sentenced Johnson to a total of 15 years, with consecutive terms, and the journal entry referenced only R.C. 2929.11.
  • This Court affirms Johnson’s sentence and overrules her sole assignment of error.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Consecutive sentences under Foster Johnson argues the court failed to consider R.C. 2929.12 before imposing consecutive terms. Johnson contends lack of explicit 2929.12 discussion shows improper consideration. No reversible error; court presumed to have considered 2929.12.

Key Cases Cited

  • State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (no constitutional requirement to make findings before consecutive sentences)
  • State v. Mathis, 109 Ohio St.3d 54 (2006-Ohio-855) (trial court must consider statutory factors; no need for explicit findings)
  • State v. Hodge, 128 Ohio St.3d 1 (2010-Ohio-6320) (silent record permits presumption of factors consideration)
  • State v. Estright, 9th Dist. No. 24401 (2009-Ohio-5676) (presumption of consideration when sentence within range)
  • State v. Rutherford, 2d Dist. No. 08CA11 (2009-Ohio-2071) (presumption of consideration when within statutory range)
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Case Details

Case Name: State v. Johnson
Court Name: Ohio Court of Appeals
Date Published: Mar 31, 2011
Citation: 2011 Ohio 1532
Docket Number: 10CA0029-M
Court Abbreviation: Ohio Ct. App.