State v. Perkins
2017 Ohio 154
Ohio Ct. App.2017Background
- Christopher G. Perkins was indicted for aggravated burglary (first-degree felony) and robbery for taking a woman’s purse from her home.
- Perkins pleaded guilty to aggravated burglary; the robbery charge was dismissed with court approval.
- The plea agreement included a joint recommendation by the state and Perkins for a three-year prison term.
- Perkins waived a presentence investigation and the trial court accepted the plea and imposed the agreed three-year sentence.
- Perkins appealed, arguing the trial court’s failure to order a presentence investigation denied him an opportunity to rebut the presumption of imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence is appealable under R.C. 2953.08(D)(1) | State: The sentence is not reviewable because it was jointly recommended and imposed by the judge | Perkins: Trial court should have ordered a PSI; failure denied opportunity to present evidence to overcome presumption of imprisonment | Court: R.C. 2953.08(D)(1) bars review where sentence is authorized by law, jointly recommended, and imposed by judge; all three conditions met, so appeal dismissed |
Key Cases Cited
- State v. Underwood, 124 Ohio St.3d 365 (Ohio 2010) (explains R.C. 2953.08(D)(1) exception and standards for appealability of jointly recommended sentences)
- State v. Simpkins, 117 Ohio St.3d 420 (Ohio 2008) (trial judges must impose lawful sentences and comply with mandatory sentencing provisions)