State v. Jordan
2020 Ohio 3928
Ohio Ct. App.2020Background
- Defendant Lawrence Jordan pleaded guilty to one count of first-degree rape (R.C. 2907.02(A)(2)) for digitally penetrating an 11‑year‑old child and using force; two other related felony counts were dismissed per the plea agreement.
- Jordan admitted he held the child in place and minimally penetrated her vagina with his finger; the victim was his girlfriend’s daughter.
- At sentencing the trial court imposed 10 years' imprisonment and additionally ordered a no‑contact directive barring contact with the victim and her family; defense objected, noting the court could not impose both prison and a community‑control sanction.
- The trial judge acknowledged defense counsel was "legally correct" regarding the objection but overruled it and maintained the no‑contact order.
- On appeal Jordan argued (1) the no‑contact order was unlawful because a no‑contact order is a community‑control sanction and cannot coexist with a prison term for the same offense, and (2) the ten‑year sentence was unsupported/excessive. The court vacated the no‑contact order but affirmed the 10‑year prison term.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Jordan) | Held |
|---|---|---|---|
| Whether the trial court could impose both a prison term and a no‑contact order for the same felony count | State urged the court to reject Anderson's rule, citing increased inmate communications and public‑safety concerns | No‑contact is a community‑control sanction; a court may not impose prison and community control for the same offense | Vacated the no‑contact order; followed State v. Anderson: no‑contact is a community‑control sanction and cannot be imposed with a prison term for the same count |
| Whether the 10‑year prison sentence was unsupported or contrary to law | Sentence is within statutory range and trial court considered R.C. 2929.11/2929.12; record supports sentence | Sentence was excessive; trial court failed adequately to weigh mitigating factors | Affirmed the 10‑year term; Jordan failed to show by clear and convincing evidence that the record does not support the sentence; court properly considered sentencing factors |
Key Cases Cited
- State v. Anderson, 35 N.E.3d 512 (Ohio 2015) (no‑contact order is a community‑control sanction; cannot impose prison and community control for the same offense)
- State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (explains deferential appellate standard for reviewing felony sentences under R.C. 2953.08)
- State v. Berry, 980 N.E.2d 1087 (Ohio 2012) (current felony sentencing scheme requires either prison or community control for each count)
- State ex rel. Husted v. Brunner, 915 N.E.2d 1215 (Ohio 2009) (defines the clear‑and‑convincing evidence standard)
- Cross v. Ledford, 120 N.E.2d 118 (Ohio 1954) (authoritative definition of the clear‑and‑convincing standard)