2024 Ohio 2284
Ohio Ct. App.2024Background
- 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)
