State v. Richards, 2016 Ohio 1293

Jonathon M. Richards was indicted for rape (1st degree), felonious assault (2nd degree), and misdemeanor domestic violence based on incidents against his wife occurring May 22 and June 5, 2014.
On July 31, 2015 Richards pleaded guilty to one count of felonious assault; the State dismissed the remaining counts.
Presentence investigation and hearing described repeated physical and sexual abuse, including a strangulation episode where the victim lost strength, saw stars, and suffered visible bruising and a ruptured blood vessel in the eye. Abuse occurred in front of children.
Richards had a prior conviction in Madison County for an amended disorderly conduct charge arising from domestic violence and was on probation and attending domestic-violence group sessions.
The trial court sentenced Richards to five years in prison (statutory range for the offense: 2–8 years). Richards appealed, arguing the sentence was disproportionate compared to sentences for similar crimes by similar offenders.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the five-year prison term is disproportionate to sentences for similar crimes by similar offenders	State: sentence is within statutory range and supported by record and sentencing factors	Richards: sentence disproportionate because he had no prior felony convictions and never been imprisoned in a state penitentiary	Court: Affirmed — Richards failed to show the court neglected R.C. 2929.11/2929.12; sentence supported by record and within statutory range

Mathis v. State, 109 Ohio St.3d 54 (2006) (trial court has discretion to impose any sentence within statutory range but must consider R.C. 2929.11/2929.12)
State v. Hall, 179 Ohio App.3d 727 (2008) (consistency in sentencing is achieved through proper application of statutory sentencing guidelines, not case-by-case comparison)