State v. Lariche
2020 Ohio 804
Ohio Ct. App.2020Background:
- Appellant Michael Lariche faced drug-related charges in three Cuyahoga County cases and an escape charge for removing a court-ordered GPS monitor.
- Lariche repeatedly violated community-control sanctions; the trial court terminated community control and imposed an aggregate five-year prison term with consecutive terms.
- This court previously reversed and remanded because the trial court failed to make and incorporate the required consecutive-sentence findings under R.C. 2929.14(C)(4) and State v. Bonnell.
- On remand the trial court held a resentencing hearing and again imposed an aggregate five-year sentence with consecutive terms, making on-the-record findings and incorporating them in the judgment entries.
- Appointed appellate counsel concluded any appeal of the resentencing would be frivolous and filed an Anders brief seeking permission to withdraw; Lariche was given time to file pro se but did not.
- The Eighth District conducted an independent Anders review, found the statutory findings supported and incorporated as required, granted counsel’s motion to withdraw, and dismissed the appeal.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consecutive sentences on resentencing complied with R.C. 2929.14(C)(4) and Bonnell | State: Trial court made the necessary findings on the record and incorporated them in the entries; sentences lawful | Lariche: (implicit) earlier reversal suggested defective findings; resentencing could still be improper | Court: Findings were made and incorporated; record supports them; consecutive sentences upheld |
| Whether appellate counsel properly sought to withdraw under Anders and whether appeal should be dismissed | State/ Court: Counsel complied with Anders requirements; independent review shows no nonfrivolous issues | Lariche: entitled to effective appellate representation and time to file pro se brief (which he had and did not use) | Court: Anders procedures satisfied; counsel permitted to withdraw; appeal dismissed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (requires counsel to identify arguable issues when seeking to withdraw and mandates appellate independent review)
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (trial court must make and incorporate R.C. 2929.14(C)(4) findings to impose consecutive sentences)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (sets review standard for felony sentences under R.C. 2953.08(G)(2))