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State v. Peal
2012 Ohio 6007
Ohio Ct. App.
2012
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Background

  • Peal was involved in a 2009 drug-related robbery-homicide with one victim killed and another injured.
  • Peal was indicted on multiple counts including aggravated murder with felony murder specifications and related firearm specifications, aggravated robbery, kidnapping, and having weapons under disability.
  • At trial, the jury acquitted Peal of the aggravated murder counts and could not reach a verdict on other charges, leading to a mistrial on those counts.
  • Peal pleaded guilty to involuntary manslaughter under R.C. 2903.04(A), a first-degree felony, with a one-year firearm specification, as part of a plea agreement.
  • During sentencing, the court imposed ten years for involuntary manslaughter plus a consecutive one-year firearm specification, and Peal filed a timely appeal.
  • Peal argues the trial court abused its discretion by considering matters for which he had not been convicted.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Did the trial court abuse its discretion by considering unconvicted charges at sentencing? Peal Peal No abuse; sentence affirmed

Key Cases Cited

  • State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step Kalish standard for appellate review of sentencing)
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Case Details

Case Name: State v. Peal
Court Name: Ohio Court of Appeals
Date Published: Dec 20, 2012
Citation: 2012 Ohio 6007
Docket Number: 97644
Court Abbreviation: Ohio Ct. App.