2023 Ohio 3499
Ohio Ct. App.2023Background
- Defendant Jessie J. McFarland was indicted on 35 counts of pandering sexually oriented material involving a minor (each a fourth-degree felony).
- Parties reached a plea agreement: McFarland would plead guilty and the State would jointly recommend an aggregate 20-year prison term (240 months).
- At plea and sentencing hearings McFarland acknowledged the agreement; the plea form and counsel recited the joint 20-year recommendation.
- The court sentenced McFarland to 12 months on each count, ordered counts 1–20 to run consecutively to each other, and counts 21–35 to run concurrently with each other and with counts 1–20 — producing the agreed 20-year aggregate.
- McFarland appealed, arguing the trial court failed to make the R.C. 2929.14(C)(4) consecutive-sentence findings at sentencing or in the entry, rendering the sentence contrary to law.
- The Fourth District affirmed, holding the joint recommendation made the sentence "authorized by law," so the consecutive-sentence findings were not required under State v. Sergent.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McFarland) | Held |
|---|---|---|---|
| Whether the sentence is contrary to law because the trial court did not make R.C. 2929.14(C)(4) findings before imposing consecutive sentences | Jointly recommended 20‑year sentence authorized by law; under Sergent the court need not make consecutive‑sentence findings for nonmandatory consecutive terms; defense invited waiver of Bonnell findings | Sentence is contrary to law because the court failed to make and to incorporate the statutorily required consecutive‑sentence findings, so it is appealable | Court held the sentence was jointly recommended and thus "authorized by law" under Sergent; consecutive findings were not required and the assignment of error was overruled |
Key Cases Cited
- State v. Sergent, 69 N.E.3d 627 (Ohio 2016) (holds that for jointly recommended nonmandatory consecutive sentences the trial court need not make R.C. 2929.14(C)(4) findings)
- State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (requires trial court to state and incorporate consecutive‑sentence findings generally)
- State v. Porterfield, 829 N.E.2d 690 (Ohio 2005) (explains legislative intent protecting jointly agreed sentences from appellate review)
- State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (discusses appellate review standard under R.C. 2953.08(G))