State v. Petersen, 2017 Ohio 6940

Appellant Brandon G. Petersen was indicted on two counts of felonious assault (second-degree felonies) for repeatedly striking a victim with a metal baseball bat on April 4, 2016.
Victim sustained serious physical injuries (15 staples to the head, ruptured spleen requiring removal, bruising) and psychological injuries (PTSD, headaches, memory problems).
On August 30, 2016, Petersen pled no contest to one count of felonious assault (R.C. 2903.11(A)(1)); the other count was dismissed.
A presentence investigation (PSI) and victim impact statement were prepared; Petersen admitted at plea that he caused serious physical harm.
At sentencing the court noted consideration of R.C. 2929.11 and 2929.12, the PSI, and victim impact; defense argued provocation and drug intoxication, and noted only a prior misdemeanor.
The trial court imposed a five-year prison term (within the statutory range for a second-degree felony) and three years of mandatory postrelease control; Petersen appealed the sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 5-year sentence was contrary to law or unsupported by the record under R.C. 2953.08(G)(2)	State: Sentence is within statutory range and supported by record, court considered required statutes and factors	Petersen: Trial court relied on unsubstantiated statements, failed to properly consider provocation/intoxication and lack of felony history; minimum sentence should apply	Affirmed — sentence not clearly and convincingly contrary to law; court considered R.C. 2929.11/2929.12 and record supports finding of greater seriousness

State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (describing the appellate standard of review for felony sentences under R.C. 2953.08(G)(2))
State v. Brandenburg, 146 Ohio St.3d 221 (Ohio 2016) (holding an appellate court may modify a sentence only when it clearly and convincingly finds it contrary to law or unsupported by the record)