State v. Keith
2016 Ohio 5234
| Ohio Ct. App. | 2016Background
- Defendant Benjamin R. Keith pleaded guilty in 2013 to an amended felony (fourth-degree) domestic violence charge and was placed on two years of community control and 45 days jail.
- While on community control, Keith pleaded guilty in 2015 to felony third-degree domestic violence and a second-degree misdemeanor criminal damaging.
- At a consolidated July 2015 sentencing hearing, the court revoked his community control and sentenced Keith to concurrent 18-month prison terms (18 months for the third-degree domestic violence and 18 months for the revoked fourth-degree matter; 90 days for the misdemeanor to run concurrently), for a total of 18 months.
- Keith appealed, asserting (1) his sentence was not commensurate with the crime (excessive/contrary to law) and (2) he received ineffective assistance of counsel because counsel did not request a substance-abuse assessment before sentencing.
- The trial court’s journal entry stated it considered R.C. 2929.11 and 2929.12 and the presentence investigation; the court imposed sentences within statutory ranges and ordered them to run concurrently.
- The Court of Appeals affirmed, finding the record supported the sentence and that counsel’s failure to request a substance-abuse assessment did not establish deficient performance or prejudice.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Keith) | Held |
|---|---|---|---|
| Whether the sentence was contrary to law or disproportionate | Sentence is within statutory range and court considered required sentencing factors | Sentence is not commensurate with the crime; maximum term on revoked case excessive | Affirmed — sentence within statutory ranges and court considered R.C. 2929.11/2929.12 |
| Whether counsel was ineffective for not requesting substance-abuse assessment | No ineffective assistance shown; record does not demonstrate prejudice | Counsel’s failure to request assessment was deficient and prejudiced sentencing | Affirmed — counsel’s conduct was not shown to be deficient or prejudicial |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established two-prong ineffective assistance standard)
- State v. Foster, 845 N.E.2d 470 (Ohio 2006) (held certain statutory mandatory findings for maximum sentences unconstitutional)
- State v. Wilson, 951 N.E.2d 381 (Ohio 2011) (trial court need not use specific language or make express findings on record when considering R.C. 2929.11 and 2929.12)
- State v. Issa, 752 N.E.2d 904 (Ohio 2001) (discusses ineffective assistance standard under Ohio law)