State v. Nolen, 2017 Ohio 8791

Defendant Bradley Nolen pled guilty to one count of carrying a concealed weapon (R.C. 2923.12(A)(2)), a fourth-degree felony, after dropping a loaded Glock while fleeing a traffic stop. Two other counts (weapons while under disability and obstructing) were dismissed in the plea deal.
The trial court sentenced Nolen to 18 months in prison on October 31, 2016; that sentence is within the statutory range for a fourth-degree felony.
Nolen failed to file a timely appeal; this court granted a delayed appeal and now reviews the sentencing decision.
Nolen’s sole assignment of error contends the trial court erred by imposing a prison sentence without properly considering the purposes and principles of sentencing under R.C. 2929.11 and the factors in R.C. 2929.12.
The trial court explained on the record that it considered the sentencing statutes, the presentence investigation, Nolen’s prior felonious-assault convictions and prison history, the danger posed by his possession of a firearm, and concluded he was not amenable to community control.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 18-month prison sentence is contrary to law because the trial court failed to consider sentencing principles and factors	State: The sentence is within the statutory range and the court complied with R.C. 2929.11/2929.12	Nolen: Trial court did not properly consider purposes and principles of sentencing, making sentence illegal/contrary to law	Court: Sentence is not contrary to law; trial court considered required statutes and factors and the sentence is supported by the record

State v. Brandenburg, 146 Ohio St.3d 221 (Ohio 2016) (sets the standard for appellate review of felony sentences and permits modification only when sentence is contrary to law or unsupported by the record)