State v. Rodeffer, 2013 Ohio 5759

Rodeffer committed two robbery sprees over six months, prosecuted in three Montgomery County cases (2012-CR-1283, 2012-CR-2887, 2012-CR-2979).
In Case No. 2012-CR-1283, he robbed three gas stations, fled in a car chase, and admitted drug addiction; PSI linked drug use to self-medication of past abuse.
Plea negotiations led to guilty pleas on certain counts; he was sentenced to community control sanctions with MonDay program treatment in September 2012, and released on electronic monitoring.
The day after sentencing, Rodeffer committed two more robberies; defense claimed mental health concerns and asked for a psychological report to aid possible prison treatment.
The trial court did not rule on the competency motion or order a psychological evaluation prior to new sentencing in 2012-CR-2887 and 2012-CR-2979; Rodeffer was sentenced to prison on these counts, with the prior case’s probation sanctions revoked.
Rodeffer appealed, challenging the lack of a competency hearing and the decision to sentence him to prison rather than community control.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a competency hearing was required before sentencing.	Rodeffer argued there were indicia of incompetence and potential suicidal risk.	Rodeffer contends due process required a competency assessment before prison sentence.	No competency hearing required; record lacked sufficient indicia of incompetence.
Whether sentencing to prison rather than community control was proper.	Prosecutor's view of appropriate punishment supported prison given recidivism after brief prior monitoring.	Rodeffer should have rehabilitation/mental health treatment under community control due to mental health concerns and first/felony status.	Prison sentence within statutory range; not clearly and convincingly contrary to law; affirmed.

Drope v. Missouri, 420 U.S. 162 (U.S. 1975) (due process when record shows indicia of incompetence)
Pate v. Robinson, 383 U.S. 375 (U.S. 1966) (right to competency inquiry if necessary for fair trial)
State v. Berry, 72 Ohio St.3d 354 (1995) (competency hearing required only for good cause when raised after pleading)
State v. Bock, 28 Ohio St.3d 108 (1986) (emotional disturbance does not equate to incompetence)
State v. Kalish, 120 Ohio St.3d 23 (2008) ( Kalish framework for appellate review of felony sentences)
State v. Foster, 109 Ohio St.3d 1 (2006) (excised unconstitutional findings; set stage for sentencing review)
State v. White, 2013-Ohio-4225 (1st Dist. 2013) (HB 86 restored G(2) standard for felony sentencing review)
State v. Venes, 2013-Ohio-1891 (8th Dist. 2013) (clear and convincing standard is appellate, deferential to trial court findings)