State v. Johnson
2013 Ohio 2275
Ohio Ct. App.2013Background
- Johnson pled guilty to one count of nonsupport of dependents (A)(2) and was sentenced to six months in prison; the other count (B) was merged.
- Indictment charged two fifth-degree felonies under R.C. 2919.21, one count A(2) and one count B.
- The child was under 18, and Johnson provided inadequate support for a total of 26 weeks in 104 consecutive weeks.
- HB 86 amended R.C. 2919.21 to prefer community control sanctions, with exceptions under G(1)(b).
- Trial court sentenced within statutory range and noted Johnson’s prior conduct and lack of amenability to community control.
- Appellate review followed Kalish two-step framework: check for legality, then for abuse of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence complied with Kalish and R.C. 2919.21(G)(1). | Johnson argues failure to show prison term consistent with 2929.11. | Johnson contends court did not determine 2929.11 consistency. | Sentence not contrary to law; court properly considered 2929.11 and community-control preference. |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (Ohio 2008) (two-step review for felony sentences; legality first, then abuse of discretion)
- State v. Wiggins, 2010-Ohio-5959 (Ohio 2010) (compliance with statutes and Kalish applied in sentence review)
- State v. Rose, 2012-Ohio-5607 (Ohio 2012) (Kalish framework applied to sentencing within statutory range)
- State v. Elliott, 2009-Ohio-5926 (Ohio 2009) (consideration of 2929.11 and 2929.12 factors in sentencing)
- State v. Bishop, 2011-Ohio-3429 (Ohio 2011) (requires weighing 2929.11 factors and case-specific statutes)
- State v. Grundy, 2012-Ohio-3133 (Ohio 2012) (judgment entries can reflect proper consideration of 2919.21 and 2929.11)