State v. Kolodzaike, 2017 Ohio 7776

Appellant Michael Kolodzaike pled guilty pursuant to a plea agreement to one count of OVI (R.C. 4511.19) and one amended count of assault (R.C. 2903.13), with other charges dismissed.
Facts: On August 19, 2016, police responded to an incident where Kolodzaike was found driving with a BAC of .184 (second OVI within six years).
Separately, Kolodzaike was charged with domestic violence for an incident on September 18, 2016, in which the victim required medical attention; that charge was reduced to an assault count in the plea.
Perrysburg Municipal Court sentenced Kolodzaike to 30 days for the OVI and 90 days for the assault, ordered consecutively, for a total incarceration term of 120 days (within statutory limits).
Kolodzaike appealed, arguing the trial court failed to follow R.C. 2929.21 and 2929.22 sentencing principles and factors in imposing the misdemeanor sentences.
The Sixth District consolidated two appeals, reviewed for abuse of discretion, and affirmed the municipal court judgment, assessing appeal costs to appellant.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion by failing to comply with R.C. 2929.21 and 2929.22 when imposing misdemeanor sentences	Kolodzaike: court failed to properly consider statutory sentencing principles/factors	State: sentence is within statutory range and court did not abuse its discretion	Court held no abuse of discretion; sentence within statutory range and not unreasonable, arbitrary, or unconscionable

Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse-of-discretion standard: trial court action must be unreasonable, arbitrary, or unconscionable)
Toledo v. Reasonover, 5 Ohio St.2d 22 (1965) (a misdemeanor sentence within statutory range is presumed proper)