State v. Michaels
129 N.E.3d 1021
Ohio Ct. App.2019Background
- Kevin Michaels pleaded guilty to multiple felonies: second-degree robbery, fifth-degree breaking-and-entering, fifth-degree possession of criminal tools, and third-degree robbery. The trial court imposed concurrent sentences totaling seven years.
- A presentence investigation report (PSI) was prepared. The trial court’s sentencing entry stated it considered the PSI, but the court did not expressly say so on the record at the sentencing hearing.
- Michaels appealed, arguing the trial court violated R.C. 2929.19(B)(1) by failing to orally state it considered the PSI before imposing sentence, rendering the sentence contrary to law.
- The appellate review standard for felony sentences is governed by R.C. 2953.08(G)(2): appellate courts may vacate or modify only if the record clearly and convincingly shows the sentence is unsupported or contrary to law.
- The Seventh District applies a rebuttable presumption that a silent record shows the trial court considered required statutory factors (R.C. 2929.11 and 2929.12); the court extended that presumption to R.C. 2929.19(B)(1) regarding the PSI.
- The record contained the trial court’s written statement it considered the PSI and defense counsel referenced the PSI at sentencing; there was no affirmative showing the court failed to consider the PSI.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to orally state consideration of the PSI violates R.C. 2929.19(B)(1) and renders sentence contrary to law | State: oral statement not required where record shows PSI was considered | Michaels: R.C. 2929.19(B)(1) requires the court to state on the record it considered the PSI, like R.C. 2929.11/2929.12 | Court: No violation; rebuttable presumption applies and record shows PSI was considered, so sentence not contrary to law |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516, 59 N.E.3d 1231 (Ohio 2016) (sets appellate standard under R.C. 2953.08(G)(2) for reviewing felony sentences)
- State v. Brimacombe, 195 Ohio App.3d 524, 960 N.E.2d 1042 (Ohio Ct. App. 2011) (supports presumption that trial court considered statutory sentencing factors where record is silent)