State v. Neal
2017 Ohio 8923
| Ohio Ct. App. | 2017Background
- Robert E. Neal assaulted his estranged wife on Aug. 18, 2016; victim suffered abrasions and required medical treatment.
- Neal was indicted on felony domestic violence (fourth degree) and burglary (second degree); burglary was nolled as part of plea deal.
- Neal had a prior domestic violence conviction from May 16, 2016, and was on postrelease control when the August assault occurred.
- On Oct. 11, 2016 Neal pled no contest to domestic violence; court accepted plea and sentenced him to 18 months imprisonment (maximum for a fourth-degree felony), three years discretionary postrelease control, and costs.
- Neal waived a presentence investigation; the court stated on the record and in the entry that it considered R.C. 2929.11 and 2929.12 and balanced seriousness and recidivism factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court complied with R.C. 2929.11 and 2929.12 when imposing an 18-month sentence | State: Sentence is supported by the record, within statutory range, and court considered required criteria | Neal: Trial court failed to comply with R.C. 2929.11 and 2929.12 in imposing the maximum term | Court affirmed — trial court complied and record supports the 18-month sentence |
Key Cases Cited
- Marcum v. State, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231 (Ohio 2016) (sets out standard for appellate review of felony sentences and analysis under R.C. 2953.08)
- State v. Arnett, 88 Ohio St.3d 208, 724 N.E.2d 793 (Ohio 2000) (trial court need not use specific magic words or make particularized findings to show it considered sentencing statutes)