State v. Roberts, 2019 Ohio 49

Marcus Roberts pled guilty to one count of improperly discharging a firearm at or into a habitation (a second-degree felony) in exchange for dismissal of six other felonies, specifications, and related charges.
The conduct underlying the plea: Roberts was the driver in a drive-by shooting in which a passenger fired multiple shots into an occupied residence.
Later the same day police found Roberts carrying a loaded, stolen .40-caliber handgun and in possession of 1½ Percocet pills; he also admitted ownership of another loaded handgun in the vehicle.
Roberts had multiple prior misdemeanor convictions (including two assaults) and was on probation for a misdemeanor weapons-related offense at the time of the drive-by.
The trial court imposed the statutory maximum eight-year prison term after reviewing the PSI and stating it considered R.C. 2929.12 factors in its judgment entry.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the record shows the trial court considered R.C. 2929.12 seriousness and recidivism factors before imposing a statutory-maximum sentence	State: trial court properly sentenced within statutory range and noted consideration of factors	Roberts: trial court failed to consider R.C. 2929.12(B),(C),(D),(E); record lacks support for maximum term	Court affirmed: record does not clearly and convincingly show trial court failed to consider the required factors; maximum sentence supported

State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (standard of review for felony sentences under R.C. 2953.08(G)(2))
State v. King, 992 N.E.2d 491 (Ohio 2013) (trial court not required to state findings or reasons to impose maximum sentence)
State v. Mathis, 846 N.E.2d 1 (Ohio 2006) (trial court must consider R.C. 2929.11 and 2929.12)
State v. Leopard, 957 N.E.2d 55 (Ohio App. 2011) (trial court must consider statutory sentencing criteria)