State v. Perez
2013 Ohio 1178
Ohio Ct. App.2013Background
- Perez and codefendant Calimeno were tried jointly for burglary, theft, and vandalism.
- The jury convicted both defendants on all counts; Perez was sentenced to four years imprisonment and restitution of $1,000.
- The convictions stem from the same incident as Calimeno’s conviction in the companion case.
- Perez appealed raising two assignments of error related to sufficiency/manifest weight and sentencing disparity.
- The trial court considered victim impact, PSI, and codefendant’s remorse when imposing sentences.
- The court referred to R.C. 2929.11 and 2929.12 and held Perez’s four-year term within statutory guidelines.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/weight of the evidence | Perez argues insufficiency and weight issue for burglary/theft/vandalism. | Perez contends no proof he was inside the Wee residence or perpetrated acts. | Convictions supported; infers credibility of witnesses; overruled. |
| Sentencing disparity | Four-year burglary sentence inconsistent with codefendant’s three-year sentence. | Disparity allowed; not required to be identical; consideration of unique factors justified. | Not clearly and convincingly contrary to law; no abuse of discretion. |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step review: compliance with law, then abuse of discretion)
- State v. Pruitt, 8th Dist. No. 98080, 2012-Ohio-5418 (2012-Ohio-5418) (consistency vs. uniformity in sentencing; factor-based distinctions allowed)
- State v. Marshall, 8th Dist. No. 89551, 2008-Ohio-1632 (2008-Ohio-1632) (consistency for similar offenders; not identical sentences required)
- State v. Klepatzki, 8th Dist. No. 81676, 2003-Ohio-1529 (2003-Ohio-1529) (sentencing considerations for similar crimes)
- State v. Dawson, 8th Dist. No. 86417, 2006-Ohio-1083 (2006-Ohio-1083) (distinguishing factors for varying sentences)
- State v. Nelson, 11th Dist. No. 2008-L-072, 2008-Ohio-5535 (2008-Ohio-5535) (no requirement for identical sentences among codefendants)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (abuse of discretion standard defined)