State v. Orzechowski
2021 Ohio 985
Ohio Ct. App.2021Background
- Jamar Orzechowski was indicted for grand theft (fourth-degree felony) for using another’s credit cards; he pleaded guilty after the state amended the charge to theft (fifth-degree felony).
- Trial court accepted the guilty plea, ordered a presentence report, and on March 3, 2020 sentenced Orzechowski to 11 months in prison (judgment entry filed March 13, 2020).
- Orzechowski appealed, arguing the trial court abused its discretion by imposing an 11‑month prison term instead of community control as the state had recommended.
- His central legal claim was that the trial court failed to properly apply R.C. 2929.11 and 2929.12 when imposing sentence.
- The Sixth District framed its review under R.C. 2953.08(G)(2) but concluded that State v. Jones forbids appellate courts from vacating or modifying a sentence solely because the trial court’s consideration of R.C. 2929.11/2929.12 is not supported by the record.
- Applying Jones (and Marcum), the court held Orzechowski’s challenge insufficient under R.C. 2953.08(G)(2)(a) and (b) and affirmed the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by imposing an 11‑month prison term instead of community control, allegedly without proper application of R.C. 2929.11 and 2929.12 | Orzechowski: trial court failed to properly apply R.C. 2929.11/2929.12; record does not support a prison term; community control was appropriate | State: sentence lawful; appellate review is limited by R.C. 2953.08(G)(2) and precedent; Jones precludes vacating/modifying a sentence based solely on R.C. 2929.11/2929.12 record-sufficiency | Court affirmed: under State v. Jones, appellate courts may not vacate or modify a sentence as "contrary to law" based only on a finding that the trial court’s R.C. 2929.11/2929.12 consideration is not supported by the record; appellant’s assignment of error fails |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (2016) (explained appellate review standard for sentences and noted deferential review when sentences rest on R.C. 2929.11/2929.12)
- State v. Jones, 162 Ohio St.3d 621 (2020) (held R.C. 2953.08(G)(2) does not authorize appellate courts to vacate or modify a sentence solely because the record does not support trial court findings under R.C. 2929.11/2929.12)