State v. Kelley, 2012 Ohio 4623

Kelley was indicted for robbery at a McDonald’s in Montgomery County, Ohio.
He pled guilty under a State plea agreement to an agreed four-year sentence.
He admitted a prior first- or second-degree felony and waived the presentence investigation.
The trial court sentenced him to a mandatory four-year term under R.C. 2929.13(F)(6) with 3 years post-release control and restitution.
On appeal, Kelley argued the State failed to prove the prior conviction's specifics for the mandatory sentence.
The court affirmed, holding the agreed sentence was authorized by law and valid based on Kelley’s waiver and acknowledgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the mandatory sentence was properly authorized by law	State: prior conviction supports mandatory term	Kelley: insufficient proof of prior conviction	Yes; the sentence was authorized and affirmed

State v. Rammel, 2012-Ohio-3724 (2d Dist. Montgomery 2012) (agreed sentences authorized by law are not reviewable)
State v. DeWitt, 2012-Ohio-635 (2d Dist. Montgomery 2012) (agreed sentences authorized by law not reviewable)
State v. Turner, 2011-Ohio-6714 (2d Dist. Montgomery 2011) (agreed sentences authorized by law; merger issues not here)
State v. Barajas-Larios, 2008-Ohio-212 (Ohio 2008) (jointly recommended sentence may be reviewed if not authorized by law)
State v. Underwood, 2010-Ohio-1 (Ohio Supreme Court 2010) (R.C. 2953.08(D)(1) review limits)
Clark, 2006-Ohio-6068 (2d Dist. Montgomery 2006) (illustrative note on evidence and indictments)