State v. Ramey
2012 Ohio 133
Ohio Ct. App.2012Background
- Indicted Feb. 22, 2011 in Auglaize County for heroin trafficking (first-degree felony) and cocaine trafficking (fourth-degree felony).
- Plea negotiations: arraignment March 8, 2011; guilty plea April 14, 2011 to amended Count One (heroin, second-degree felony); Count Two dismissed.
- Trial court accepted plea, ordered PSI, and scheduled sentencing.
- Sentence imposed June 8, 2011: 8 years imprisonment.
- Appeal filed July 11, 2011 alleging the sentence violated law by not properly considering R.C. 2929.11/2929.12 and asserting the 8-year maximum was unsupported by the record; the court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence complied with 2929.11/2929.12. | Ramey argues court failed to consider 2929.11 and 2929.12. | Ramey contends lack of proper consideration renders sentence contrary to law. | Record shows consideration; not contrary to law; 8-year sentence affirmed. |
Key Cases Cited
- State v. Ramos, 2007-Ohio-767 (Ohio 3d Dist. 2007) (clear-and-convincing standard framework retained for particular appeals)
- State v. Rhodes, 2006-Ohio-2401 (Ohio 12th Dist. 2006) (discusses standard of review under 2953.08(G))
- State v. Tyson, 2005-Ohio-1082 (Ohio 3d Dist. 2005) (applies 2953.08(G) standard in sentencing review)
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (plurality approach; standard of review for felony sentences)
- State v. Adams, 37 Ohio St.3d 295 (1988) (presumption of consideration when record silent)
- State v. Parsons, 2011-Ohio-168 (Ohio 3d Dist. 2011) (record sufficiency for showing consideration of 2929.11/2929.12)
- State v. Ditto, 2010-Ohio-1503 (Ohio 3d Dist. 2010) (record need not state express consideration if sufficient evidence shows it)
- State v. Scott, 2008-Ohio-86 (Ohio 3d Dist. 2008) (supports implied consideration of sentencing factors)