State v. McGlown
2017 Ohio 669
| Ohio Ct. App. | 2017Background
- Appellant Kalvin McGlown was charged by bill of information with one count of theft (fifth-degree felony) on January 7, 2016.
- He initially pled not guilty, then withdrew that plea and pled guilty on March 17, 2016.
- At sentencing on May 13, 2016, the trial court imposed an 11-month prison term and ordered it to run consecutively to a nine-month Lucas County sentence.
- The court relied on the presentence investigation, which documented an extensive juvenile and adult criminal history, and heard statements from appellant and his counsel.
- Appellant appealed, arguing the trial court’s sentencing findings were unsupported by the record and the sentence was contrary to law.
- The Sixth District Court of Appeals affirmed, concluding the court considered the statutory factors and made the required findings for consecutive sentences; the sentence was within the statutory range.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is contrary to law | McGlown: trial court made findings not supported by record, so sentence is contrary to law | State: court considered R.C. 2929.11/2929.12, made required R.C. 2929.14(C)(4) findings, and sentence is within statutory range | Affirmed — sentence not contrary to law; findings supported by record |
| Whether trial court properly imposed consecutive sentences | McGlown: consecutive order unsupported by facts in record | State: consecutive sentences necessary to protect public and punish given criminal history and seriousness | Affirmed — court made required consecutive-sentence findings and record supports them |
Key Cases Cited
- State v. Kalish, 896 N.E.2d 124 (Ohio 2008) (describes appellate review framework for felony sentences and reasonableness analysis)
