State v. Mayle, 2016 Ohio 7499

On Nov. 17, 2015 a confidential informant made a controlled buy of marijuana from James D. Mayle.
Mayle was indicted on Nov. 25, 2015 for two fifth-degree felonies (trafficking, permitting drug abuse), one fourth-degree misdemeanor (paraphernalia), and one minor misdemeanor (possession).
On Jan. 11, 2016 Mayle pled guilty to all counts, signed a plea form acknowledging the maximum penalties and that any sentencing recommendation was nonbinding, and the court deferred sentencing to obtain a PSI.
The State and defense jointly recommended an aggregate six-month prison term, but the plea colloquy warned Mayle the court was not bound by that recommendation.
At sentencing the court reviewed the PSI showing six prior felony convictions, rejected the joint six-month recommendation, and imposed nine months on each felony (concurrent) for a nine-month aggregate prison term.
Mayle appealed, arguing the trial court erred by imposing a longer sentence than the joint recommendation.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Mayle)	Held
Whether the trial court erred in imposing a longer sentence than the jointly recommended six months	The court is not bound by a joint recommendation; it properly informed Mayle of maximum penalties and nonbinding nature of recommendation; PSI showed six prior felonies justifying a higher sentence	The court should have followed the joint recommendation; rejecting it and imposing nine months was error (citing analogous authority)	Court affirmed: trial court did not err; plea colloquy and plea form put Mayle on notice the recommendation was nonbinding and the court lawfully relied on the PSI and prior-felony record to impose nine months

Cross v. Ledford, 120 N.E.2d 118 (Ohio 1954) (defines clear-and-convincing evidence standard)