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State v. McGlown
2017 Ohio 669
| Ohio Ct. App. | 2017
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Background

  • 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)
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Case Details

Case Name: State v. McGlown
Court Name: Ohio Court of Appeals
Date Published: Feb 24, 2017
Citation: 2017 Ohio 669
Docket Number: WD-16-030
Court Abbreviation: Ohio Ct. App.