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2024 Ohio 2284
Ohio Ct. App.
2024
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Background

  • Javen McIntoush was indicted on multiple charges, including aggravated robbery, attempted murder, and felonious assault stemming from an August 1, 2021, shooting incident outside a bar in Bowling Green, Ohio.
  • McIntoush shot twice at two individuals during an altercation; neither was injured, but one victim returned fire, grazing McIntoush.
  • He pleaded guilty to two counts of felonious assault with forfeiture specifications; other charges were dismissed in exchange.
  • The trial court sentenced McIntoush to consecutive prison terms totaling a minimum of eight years and a maximum of ten years, to be served consecutively to a sentence from a separate conviction in Lucas County.
  • The trial court cited McIntoush's extensive criminal history involving guns and violence and emphasized the need to protect the public as the basis for consecutive sentences.

Issues

Issue McIntoush's Argument State's Argument Held
Whether the consecutive sentences are contrary to law due to lack of record support for the trial court's findings The record does not support the finding that his conduct caused great or unusual harm, a statutory prerequisite for consecutive sentences Appellant shot at two people and has a documented history of gun violence, supporting the need to protect the public; findings are otherwise supported by record Consecutive sentences are supported; trial court's findings are upheld, and sentence affirmed

Key Cases Cited

  • State v. Goings, 2014-Ohio-2322 (reiterates appellate review standard under R.C. 2953.08(G)(2))
  • State v. Bonnell, 2014-Ohio-3177 (trial court must make and record specific findings for consecutive sentencing)
  • State v. Jones, 2024-Ohio-1083 (detailed record of criminal history can evidence findings necessary for consecutive sentences)
  • State v. Beasley, 2018-Ohio-493 (recites statutory requirements for consecutive sentencing findings)
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Case Details

Case Name: State v. McIntoush
Court Name: Ohio Court of Appeals
Date Published: Jun 13, 2024
Citations: 2024 Ohio 2284; WD-22-070
Docket Number: WD-22-070
Court Abbreviation: Ohio Ct. App.
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