2022 Ohio 2464
Ohio Ct. App.2022Background:
- Defendant Brandon M. Lucien pled guilty to second-degree burglary and third-degree abduction on August 9, 2021.
- Victim provided impact testimony describing years of domestic abuse and trauma from the November 7 attack; defense urged leniency citing age, family ties, employment, and prior good jail behavior.
- At sentencing (Sept. 20, 2021) the court noted Lucien’s lengthy domestic-violence and criminal history and sentenced him to an indeterminate 6–9 years for burglary, concurrent 36 months for abduction.
- The court initially entered 154 days jail-time credit in the journal entry, then issued a nunc pro tunc entry awarding 171 days credit.
- Lucien appealed, raising (1) the sentence is unsupported/overly harsh under R.C. 2929.11/.12 and (2) the trial court erred in calculating jail-time credit (he sought credit for additional days served in Summit County).
Issues:
| Issue | State's Argument | Lucien's Argument | Held |
|---|---|---|---|
| Whether the 6–9 year sentence is unsupported by the record / improperly weighted under R.C. 2929.11/.12 | Sentence was within statutory range and reflected court’s weighing of seriousness and recidivism factors | Court failed to properly consider mitigating factors and alternative CBCF placement; sentence exceeds minimum without justification | Affirmed — appellate review limited; court may weigh R.C. 2929.11/.12 factors and this court will not substitute its judgment (sentence not contrary to law) |
| Whether Lucien was entitled to additional jail-time credit (time in Summit County before Portage County warrant served) | Awarded 171 days credit in nunc pro tunc entry; no error in excluding unrelated Summit County custody | Entitled to credit for time in Summit County from issuance of Portage County warrant (sought ~250 days total) | Affirmed — no authority for credit for unrelated custody; procedural misstep in announcing credit at sentencing was not shown to cause prejudice; sentencing court retains jurisdiction to correct credit later |
Key Cases Cited
- State v. Jones, 169 N.E.3d 649 (Ohio 2020) (appellate courts cannot reweigh the record under R.C. 2929.11/.12; defer to trial court sentencing discretion)
- State v. Thompson, 59 N.E.3d 1264 (Ohio 2016) (trial court must determine and include jail-time credit in the sentencing entry because jail-time credit affects an offender’s liberty interest)