State v. Lebron
2012 Ohio 4156
Ohio Ct. App.2012Background
- Lebron was indicted on four counts of menacing by stalking; pleaded guilty to two counts.
- Trial court sentenced Lebron to 14 months on one count and 8 months on the other, consecutive for 22 months total, with potential up to 3 years of postrelease control.
- HB 86 amendments applied to Lebron as sentenced after Sept. 30, 2011; new L4 requirements affected consecutive-sentence findings.
- Court imposed consecutive sentences but did not articulate the required R.C. 2929.14(C)(4) findings.
- Lebron appealed, challenging the consecutive-sentence findings and later asserting no discriminatory treatment for requesting an interpreter.
- Court reduced the sentence to concurrent terms totaling 14 months, remanding for a new judgment to reflect the modification.
- Second assignment of error addressed interpreter issue and was rejected as meritless.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly found necessary criteria for consecutive sentences. | Lebron argues the court failed to make the required R.C. 2929.14(C)(4) findings. | Lebron contends the court did not adequately justify consecutive terms under HB 86. | Yes; findings were missing or insufficient; sentence remanded to concurrent terms. |
| Whether the court discriminated against Lebron for requesting an interpreter. | Lebron claims sentencing reflected bias for interpreter request. | Lebron alleges unfair penalization. | No; no discrimination shown; assignment overruled. |
Key Cases Cited
- State v. Edmonson, 86 Ohio St.3d 324 (1999) (requires meaningful review of sentencing findings; articulates when findings may be implicit)
- State v. Foster, 109 Ohio St.3d 1 (2006) (reinstated HB 86 sentencing framework after Foster invalidations)
- Oregon v. Ice, 555 U.S. 160 (2009) (guide for post‑HB 86 mandatory consecutive-sentence framework)
- State v. Hodge, 128 Ohio St.3d 1 (2010) (constitutional revival of amended sentencing provisions after HB 86)
- State v. Johnson, 2012-Ohio-2508 (8th Dist. 2012) (requires meaningful review of consecutive-sentence records under 2929.14(C)(4))