State v. Lacking
2013 Ohio 2051
Ohio Ct. App.2013Background
- Lacking was convicted by plea to burglary (third-degree felony) and possession of criminal tools (fifth-degree felony) in Butler County.
- He broke into a home with a crowbar, ransacked the house, and stole a television.
- A presentence investigation followed and sentencing was scheduled.
- The trial court sentenced Lacking to three years for burglary and one year for tools, to run concurrently (aggregate three years).
- Lacking appealed the sentence, arguing it was the maximum and not warranted by the circumstances of the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the maximum sentence for burglary was warranted | Lacking argues the maximum is improper | Lacking contends excessive sentencing given the circumstances | Not contrary to law; not an abuse of discretion |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step review for felony sentencing (lawfulness then abuse of discretion))
- State v. Hancock, 108 Ohio St.3d 57 (2006-Ohio-160) (abuse-of-discretion standard defined)
- State v. Humes, 12th Dist. No. CA2009-10-057 (2010-Ohio-2173) (sentences within statutory ranges can be upheld)