State v. Riffle
2021 Ohio 2339
| Ohio Ct. App. | 2021Background
- Jeffrey Riffle was indicted for rape (first-degree felony) and later charged with attempted tampering with evidence (fourth-degree felony).
- He pleaded guilty to an amended count of gross sexual imposition (fourth-degree felony) and attempted tampering with evidence.
- The trial court imposed maximum 18-month prison terms on each count to be served consecutively, for a 36-month total.
- Riffle appealed, arguing the record did not clearly and convincingly support imposition of maximum and consecutive sentences and that the court failed to make required statutory findings.
- At sentencing the court referenced victim physical/psychological harm, the relationship facilitating the offense, Riffle’s prior misdemeanor convictions and poor response to sanctions, and lack of remorse; it also noted there were no prior felonies and Riffle pled guilty.
- The court included the consecutive-sentence findings in the journal entry and explained why consecutive and maximum terms were appropriate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether maximum sentences were supported by the record | Trial court considered R.C. 2929.12 factors (serious harm, relationship, prior convictions, lack of remorse) supporting maximum terms | Record does not clearly and convincingly show the necessary findings to justify maximum sentences | Affirmed — court considered statutory factors; no specific additional findings required to impose maximum sentences |
| Whether consecutive sentences met R.C. 2929.14(C)(4) requirements | Court found consecutive terms necessary to protect the public and to punish, not disproportionate, and that offenses were a course of conduct with unusually great harm; findings were made on the record and in the entry | Court failed to make the requisite consecutive-sentence findings clearly and convincingly | Affirmed — trial court made the required on-the-record findings and incorporated them into the sentencing entry |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (2016) (sets appellate-review standard for felony sentences)
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (requires trial court to make and journal consecutive-sentence findings)