State v. Pence, 2012 Ohio 1794

State indicted Pence on 12 counts, including multiple counts of rape and gross sexual imposition.
Pence pled not guilty, then changed his pleas to guilty to Counts Four and Five (gross sexual imposition) and amended Count Eleven (attempted gross sexual imposition); other counts were dismissed.
trial court sentenced Pence to 5 years on Count Four, 5 years on Count Five, and 18 months on amended Count Eleven, all consecutive for an aggregate 11½ years.
Pence appealed alleging the court failed to properly consider R.C. 2929.11 and 2929.12 and abused its discretion by imposing maximum terms.
The court held the sentences were within statutory ranges and that the trial court adequately considered the relevant sentencing factors; the assignment of error was overruled and the judgment affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the court properly apply 2929.11 and 2929.12 in sentencing Pence?	State argues the court considered the statutes as required.	Pence contends the court failed to affirmatively show it applied 2929.11 and 2929.12 and abused discretion.	No error; court complied and sentence affirmed.

State v. Ramos, 2007-Ohio-767 (3d Dist. No. 4-06-24, 2007-Ohio-767) (clear and convincing standard for sentencing review)
State v. Rhodes, 2006-Ohio-2401 (12th Dist. No. CA2005-10-426, 2006-Ohio-2401) (standard of review under 2953.08(G))
State v. Tyson, 2005-Ohio-1082 (3d Dist. Nos. 1-04-38; 1-04-39, 2005-Ohio-1082) (review of sentencing within statutory range)
State v. Smith, 2007-Ohio-3129 (3d Dist. No. 2-06-37, 2007-Ohio-3129) (no requirement to articulate exact language for 2929.12)
State v. Mathis, 2006-Ohio-855 (Ohio Sup. Ct., 846 N.E.2d 1) (limits on specific articulation of factors)
State v. Arnett, 2000-Ohio-166 (88 Ohio St.3d 208, 724 N.E.2d 793) (necessity of considering statutory criteria in sentencing)
State v. Kalish, 2008-Ohio-4912 (120 Ohio St.3d 23, 896 N.E.2d 124) (plurality on standard of review for felony sentences under 2953.08(G))