2024 Ohio 5375
Ohio Ct. App.2024Background
- Daron Little was indicted on one count of Receiving Stolen Property (a vehicle), originally charged as a fourth-degree felony but amended to a fifth-degree felony under R.C. 2913.51(A) and (C).
- Little pled guilty to the amended indictment.
- The trial court sentenced Little to community control, with an additional 180 days in jail (no credit for time served) and court costs.
- Little appealed, arguing that his sentence was contrary to law.
- The key issue was whether the trial court failed to properly consider statutory sentencing factors or imposed a sentence unsupported by the record.
- The court of appeals reviewed the sentence for whether it was “contrary to law” pursuant to R.C. 2953.08(G)(2).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Little’s sentence contrary to law because of insufficient record support under R.C. 2929.11 & 2929.12? | Sentence was within statutory authority; court considered sentencing factors | Sentencing not supported by adequate record; lack of specific findings | Sentence was not contrary to law; court complied with requirements |
Key Cases Cited
- State v. Jones, 2020-Ohio-6729 (Ohio) (appellate courts cannot review the record for support of sentencing under R.C. 2929.11 and 2929.12; review is only for sentences contrary to law)
- State v. Adams, 37 Ohio St.3d 295 (Ohio 1988) (silent records presume consideration of all sentencing factors)