2014 Ohio 3685
Ohio Ct. App.2014Background
- Latronica appeals a 36-month sentence for two thefts and one weapon-under-disability conviction.
- PSI allegedly misstated that Latronica was out on bond when the current offenses occurred; the Boardman theft occurred after the bond for the Boardman case was set.
- Latronica pleaded guilty pursuant to a plea agreement; the state would stay silent at sentencing if PSI favorable and seek 12 months if unfavorable.
- The trial court did not rule on the alleged PSI inaccuracy under R.C. 2951.03(B)(5) and imposed sentence after indicating it considered the PSI.
- Latronica argued the inaccuracy and lack of findings violated R.C. 2951.03(B)(5); the court remanded for resentencing to comply with the statute.
- The appellate court held the error to be not harmless and reversed, remanding for a new sentencing hearing to comply with the statute.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court complied with R.C. 2951.03(B)(5)? | Latronica contends the court failed to make/findings about the alleged PSI inaccuracy. | Latronica; the court did not address the alleged inaccuracy nor state no finding was necessary. | Not harmless; the court must remand for compliance with 2951.03(B)(5). |
Key Cases Cited
- State v. Oliver, 2010-Ohio-4182 (7th Dist.) (harmless error analysis applies to 2951.03(B)(5) failures)
- State v. Caudill, 2007-Ohio-6175 (5th Dist.) (harmless error analysis applicable)
- State v. Platz, 2002-Ohio-6149 (4th Dist.) (harmless error applicable)
- State v. Roby, 2003-Ohio-603 (11th Dist.) (harmless error applicable)
- State v. Mayor, 2008-Ohio-7011 (7th Dist.) (implicit denial of inaccuracy possible; need not explicitly say no finding)
- State v. Swihart, 2013-Ohio-4645 (3d Dist.) (questioned application of harmless error)