State v. Perry
2017 Ohio 69
Ohio Ct. App.2017Background
- On April 1, 2015, Roger Perry robbed a convenience store at gunpoint, confined the clerk, stole over $5,000, cigarettes, and later stole her car; the incident was captured on surveillance video.
- Perry was arrested April 3, 2015, found with heroin and a silver operable firearm similar to the robbery weapon; he also faced a separate Franklin County drug indictment at the time.
- A Pike County indictment charged multiple counts including robbery, abduction, grand theft of a motor vehicle, having weapons while under disability, possession of heroin, resisting arrest, and several firearm specifications.
- Perry pled guilty pursuant to a plea agreement to specific counts and two gun specifications; remaining counts were dismissed. Sentencing was not part of the plea agreement.
- The trial court imposed an aggregate prison term of ten years plus 36 months (four years mandatory), ordered restitution and license suspension, and ran certain sentences consecutively.
- Perry filed a delayed appeal challenging (1) the imposition of consecutive sentences (R.C. 2929.14(C)(4) findings) and (2) the imposition of a non-minimum sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court made required statutory findings before imposing consecutive sentences | State: Trial court complied with statutory requirements and findings. | Perry: Court failed to make all findings under R.C. 2929.14(C)(4) and did not properly do proportionality/fact-finding. | Affirmed — transcript and entry show the court made the required findings; no need to state reasons for those findings. |
| Whether the trial court erred by imposing a non-minimum prison sentence | State: Sentence within statutory range and court considered required sentencing statutes. | Perry: Various mitigating factors warranted minimum sentence; court failed to consider factors and was unreasonable. | Affirmed — court stated it considered R.C. 2929.11 and 2929.12 and imposed a lawful non-minimum sentence; not contrary to law. |
Key Cases Cited
- State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (standard of appellate review for felony sentences under R.C. 2953.08(G)(2))
- State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (trial court must make statutory consecutive-sentence findings on the record and in the sentencing entry but need not state reasons)
- State v. Barnes, 759 N.E.2d 1240 (Ohio 2001) (plain error standard for criminal cases)
- State v. Brewer, 11 N.E.3d 317 (Ohio App. 2014) (sentence is not contrary to law where court considered R.C. 2929.11, 2929.12 and imposed sentence within statutory range)