State v. Riemer, 2021 Ohio 4122

Defendant Manuel Riemer was indicted for aggravated burglary (reduced to third-degree burglary by plea), felonious assault (second-degree), and carrying a concealed weapon; firearm specifications and one count were removed as part of a plea deal.
Riemer pled guilty to amended Count 1 and Count 2; court ordered a presentence investigation.
At sentencing the state highlighted an escalating and violent criminal history for Riemer and his brothers; defense noted limited adult record and difficult childhood.
The trial court sentenced Riemer to five years of community control (concurrent terms: 36 months and 5 years) with the first six months to be served at The McDonnell Center for addiction treatment, and three years of mandatory post-release control.
The sentencing journal entry stated the court "considered all required factors of the law" and that community control would "adequately protect the public and will not demean the seriousness of the offense."
Riemer appealed, arguing the trial court failed to meaningfully consider R.C. 2929.11 and 2929.12 at sentencing (mere recitation in the journal entry insufficient).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court failed to consider R.C. 2929.11 and 2929.12 when imposing sentence	State: The plea, oral sentencing record, and the journal entry stating the court considered required factors suffice; consideration is presumed absent affirmative showing otherwise	Riemer: A journal-entry recitation alone is form over substance; the court must state on the record its analysis under R.C. 2929.11/2929.12	Court: A journal entry stating consideration plus the sentencing hearing record showing factors discussed satisfies R.C. 2929.11/2929.12; no further findings required; affirmed

State v. Marcum, 59 N.E.3d 1231 (2016) (establishes appellate standard under R.C. 2953.08(G)(2) for reviewing felony sentences and permits limited review of trial court’s consideration of statutory factors)