State v. Julious, 2016 Ohio 4822

Defendant Shawn D. Julious was indicted for one count of felonious assault (R.C. 2903.11(A)(1)), a second-degree felony, for slamming a co-worker’s head into a pallet of shock absorbers, causing a fractured nose and a severe, permanent facial scar.
The attack was unprovoked; the state alleged Julious believed the victim and another co-worker (both Filipino) were talking about him in Tagalog, became irate, grabbed the victim by the hair, and struck her head into the pallet.
Julious pled guilty and a sentencing hearing was held; the state filed a sentencing memorandum describing the victim’s significant pain and permanent disfigurement and noting Julious’ lengthy criminal history (Ohio and Georgia convictions including domestic violence and weapons offenses).
Defense argued remorse, acceptance of responsibility, and untreated substance abuse and mental-health issues as mitigating factors.
The trial court sentenced Julious to the statutory maximum eight-year prison term for a second-degree felony (R.C. 2929.14(A)(2)) and imposed the mandatory three-year postrelease control term, stating it considered R.C. 2929.11 and 2929.12 factors and found Julious posed a danger to the public.
Julious appealed, arguing the maximum sentence was excessive and the court failed to properly weigh sentencing principles and mitigating factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the maximum 8-year sentence was improper	State argued significant, permanent injury, unprovoked attack, and defendant’s criminal history justify maximum term	Julious argued the act was a one-time push (not life-threatening), he showed remorse, pled guilty, and had mitigating mental-health/substance issues	Court held sentence upheld: within statutory range, court considered R.C. 2929.11/2929.12, and record supports findings
Whether trial court failed to consider sentencing statutes	State maintained the court complied (explicitly in entry)	Julious claimed the court did not give required consideration to R.C. 2929.11/2929.12	Court held that citation in the sentencing entry satisfied the requirement; oral omission immaterial
Whether record supports finding defendant not amenable to community control	State argued violent, unprovoked nature and permanent injury show defendant is dangerous and not suitable for community control	Julious argued remorse and mitigation could support alternatives	Court held record supports finding defendant’s propensity for violent crime and danger to public; community control inappropriate
Whether sentence is clearly and convincingly contrary to law	State argued sentence was lawful and procedurally proper	Julious argued sentence was excessive and unsupported	Court held sentence was not clearly and convincingly contrary to law and was supported by the record

State v. Marcum, 145 Ohio St.3d 516 (Ohio 2016) (standard for appellate review of felony sentences; deferential review under R.C. 2953.08(G)(2))