State v. Perkins
2019 Ohio 88
Ohio Ct. App.2019Background
- Cory Perkins pleaded guilty to three counts of robbery and accompanying abduction charges for robberies of three banks over four days in May 2017; all robbery/abduction counts were third-degree felonies.
- The trial court merged each abduction into its corresponding robbery and the state elected to sentence on the three robbery counts.
- Perkins committed these robberies while on community control for prior theft-related convictions in a separate case.
- The trial court sentenced Perkins to 4 years on two robberies and 3 years on the third, ordered the terms to run consecutively, for an aggregate 11-year term (concurrent to the revoked community-control sentence).
- Perkins appealed only the imposition of consecutive sentences, arguing the required statutory findings were not supported by the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consecutive sentences were supported by the record under R.C. 2929.14(C) | The State argued the court made the required findings and the record supports them (protect public/punish; not disproportionate; statutory bases present). | Perkins argued the record did not clearly and convincingly support consecutive sentences given his non-violent/drug-related history, PTSD, no weapons used, and no physical harm. | Court affirmed: trial court made the statutory findings and the record supports them; appellant failed to show by clear and convincing evidence those findings were unsupported. |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231 (explains appellate review standard for consecutive-sentence record challenges under R.C. 2953.08(G)(2))
- Cross v. Ledford, 161 Ohio St. 469, 120 N.E.2d 118 (defines the clear-and-convincing evidence standard)
- State v. Venes, 2013-Ohio-1891, 992 N.E.2d 453 (discusses the limited, deferential appellate role and the negative framing of the clear-and-convincing standard under R.C. 2953.08)