State v. Martin
2017 Ohio 2759
| Ohio Ct. App. | 2017Background
- Defendant Fredrick G. Martin pleaded guilty to one count of OVI in violation of R.C. 4511.19(A)(1)(a), a fourth-degree felony.
- The trial court sentenced Martin to 18 months imprisonment and stated that the 18-month term was mandatory.
- Martin appealed, arguing the sentence was clearly and convincingly contrary to law because it was not authorized by R.C. 2929.13 and 4511.19.
- The State conceded the trial court erred in imposing an 18-month mandatory prison term but disagreed with Martin’s proposed remedy (a 60-day mandatory term).
- The appellate court reviewed the matter under R.C. 2953.08(G)(2), which permits modification or vacatur and remand if a sentence is contrary to law or statutory findings are unsupported.
- The court concluded the trial court misapplied R.C. 4511.19(G)(1)(d) and vacated the sentence, remanding for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 18-month mandatory prison term was authorized for a conviction under R.C. 4511.19(A)(1)(a) | The State concedes the 18-month mandatory term was unauthorized but asks for remand for proper resentencing | Martin argues the 18-month sentence is contrary to law and asks the court to reduce it to a 60-day mandatory term | The court held the 18-month mandatory term was unauthorized, vacated the sentence, and remanded for resentencing |
Key Cases Cited
- State v. Marcum, 146 Ohio St. 3d 516, 2016-Ohio-1002, 59 N.E.3d 1231 (establishes that appellate review of felony sentences is governed by R.C. 2953.08 and frames standards for review)