2021 Ohio 3601
Ohio Ct. App.2021Background
- Levison and a co-defendant were charged after the August 29, 2020 shooting death of Jayla English; Levison allegedly slashed the victim’s tires and helped “bait” the victim out of her apartment.
- Levison pleaded guilty to involuntary manslaughter (R.C. 2903.04(B), third-degree felony) and a misdemeanor charge; remaining counts were dismissed under a plea deal.
- At sentencing the court watched video of the incident, heard victim impact and other statements, and imposed the statutory maximum 36-month prison term for the involuntary manslaughter count, plus fines and postrelease control.
- The trial court’s journal entry stated that it had “considered all required factors of the law” and that prison is consistent with R.C. 2929.11.
- Levison appealed, arguing the maximum sentence was contrary to law because the record did not show consideration of R.C. 2929.11/2929.12 and the record did not support a maximum term for a first-time/minor participant.
- The court affirmed, holding the journal entry and the sentencing remarks showed consideration of sentencing statutes and that State v. Jones limits appellate reweighing of sentencing factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Levison’s maximum 36-month sentence is contrary to law because the trial court failed to consider R.C. 2929.11/2929.12 or the record does not support a maximum term | State: sentence is within statutory range; court expressly considered factors in the journal entry and during sentencing; Jones prevents appellate courts from reweighing sentencing factors | Levison: transcript lacks explicit statutory analysis; court gave no explanation why maximum was necessary; she is a first-time/minor participant so max is unsupported | Affirmed. Journal entry plus on-the-record remarks sufficiently show consideration of R.C. 2929.11/2929.12; Jones bars appellate reweighing of record to overturn a sentence; sentence not contrary to law |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (suggested appellate review may vacate/modify sentences if record clearly and convincingly does not support sentencing)
- State v. Jones, 163 Ohio St.3d 242 (Ohio 2020) (clarified Marcum was dicta and holds appellate courts may not independently reweigh sentencing factors under R.C. 2953.08(G)(2))