State v. Price, 2017 Ohio 1245

Matthew N. Price pleaded guilty to four counts of child endangering (three second-degree felonies and one third-degree felony), with the counts merged for sentencing.
The state elected to proceed to sentencing on Count 4 (second-degree felony).
The plea agreement left sentencing to the trial court’s discretion.
At sentencing the court considered the PSI, victim impact, Price’s position as the child’s parent, and testimony; it found a prison term necessary so that a shorter term would demean the offense.
The court sentenced Price to five years imprisonment and a $5,000 fine (within the 2–8 year range for second-degree felonies); Price appealed claiming the sentence was too harsh and improperly weighed factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentence is contrary to law under R.C. 2953.08	State: trial court complied with sentencing statutes; sentence within statutory range	Price: court abused discretion and misweighed R.C. 2929.11/2929.12 factors making sentence contrary to law	Affirmed — sentence within statutory range and record supports court's consideration of required factors

State v. Marcum, 146 Ohio St.3d 516 (2016) (standard for appellate review of felony sentences under R.C. 2953.08)
State v. Bonnell, 140 Ohio St.3d 209 (2014) (appellate review and relevance of statutory findings)
Cross v. Ledford, 161 Ohio St. 469 (1959) (definition of clear and convincing evidence)
State v. Kalish, 120 Ohio St.3d 23 (2008) (effect of Foster on sentencing review)
State v. Foster, 109 Ohio St.3d 1 (2006) (severance of judicial-factfinding portions of R.C. 2929.14)
State v. Mathis, 109 Ohio St.3d 54 (2006) (post-Foster sentencing guidance)