State v. McKennelly
2017 Ohio 9092
| Ohio Ct. App. | 2017Background
- Appellant Cornell Artis McKennelly was indicted for murder with a firearm specification and having weapons while under disability after allegedly shooting and killing Kalif Goens at a Hamilton bar on July 24, 2016.
- Pursuant to a plea agreement, McKennelly pled guilty to amended involuntary manslaughter (first-degree felony) with a three-year firearm specification and to having weapons while under disability (third-degree felony).
- A presentence investigation was ordered; victim-impact letters and family testimony were submitted; McKennelly expressed remorse at sentencing.
- The trial court sentenced McKennelly to 11 years for involuntary manslaughter, a mandatory consecutive 3 years for the firearm specification, and 36 months for the weapons-under-disability count, ordered consecutively for an aggregate 17-year term.
- On appeal, McKennelly challenged only the imposition of maximum and consecutive sentences, arguing the court failed to appropriately consider R.C. 2929.11/2929.12 factors and did not make the findings required by R.C. 2929.14(C)(4).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by imposing maximum sentences for involuntary manslaughter and weapons-under-disability | State: sentence within statutory range, court considered required factors and imposed postrelease control | McKennelly: maximum sentences excessive; court failed to appropriately weigh R.C. 2929.12 seriousness/recidivism factors; minimum sanctions not used | Court held sentence not contrary to law; record shows consideration of R.C. 2929.11/2929.12 and sentencing within statutory range |
| Whether trial court erred by imposing consecutive sentences without proper findings under R.C. 2929.14(C)(4) | State: court made required three-step findings at hearing and in entry | McKennelly: record fails to reflect required findings; court relied on others’ actions | Court held trial court expressly made and incorporated the R.C. 2929.14(C)(4) findings; consecutive sentences supported by record |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (2016) (standard for appellate review of felony sentences under R.C. 2953.08(G)(2))
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (trial court must make and incorporate R.C. 2929.14(C)(4) findings for consecutive sentences)
- State v. Brandenburg, 146 Ohio St.3d 221 (2016) (appellate modification of sentence allowed only when sentence is contrary to law or unsupported by the record)