State v. Johnston
2021 Ohio 4347
Ohio Ct. App.2021Background
- Johnston was indicted on five counts (two counts alleged second-degree robbery, two alleged third-degree robbery, and one theft) related to a December 2018 kettle-corn cart robbery that seized over $2,000 and caused a worker a minor knee injury.
- Johnston pleaded guilty on August 20, 2019 to one count of third-degree robbery in exchange for testifying against a codefendant; remaining charges were dismissed at sentencing.
- Police concluded Johnston was the getaway driver. The PSI reported high recidivism risk: he was on probation when the offense occurred, had prior convictions, poor response to sanctions, and drug use.
- At sentencing (May 21, 2021) Johnston expressed remorse and acknowledged drug use as a factor; the court noted he had not made that acknowledgment during the earlier PSI interview.
- The trial court found imprisonment appropriate (need for deterrence, incapacitation, public protection) and sentenced Johnston to 18 months in prison, stating it considered R.C. 2929.11 and 2929.12.
- Johnston appealed, arguing the court made contradictory findings about his likelihood of reoffending and thereby abused its sentencing discretion; the Sixth District affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by making contradictory findings about Johnston's likelihood of recidivism and imposing a prison term | Johnston: The court both suggested remorse might mitigate recidivism and yet relied on recidivism factors to justify imprisonment, creating contradictory findings and an abusive sentence | State: Under State v. Jones, appellate courts may not reweigh sentencing factors; the trial court considered R.C. 2929.11/2929.12 and imposed a lawful sentence | Affirmed: Court declined to second-guess the trial court’s weighing of R.C. 2929.11/2929.12 factors per State v. Jones and held the sentence was not contrary to law |
Key Cases Cited
- State v. Jones, 169 N.E.3d 649 (Ohio 2020) (holds appellate courts may not independently reweigh sentencing considerations under R.C. 2929.11 and 2929.12)