State v. Rogers, 2017 Ohio 1451

Defendant Robert Rogers pled guilty to third-degree felony OVI (R.C. 4511.19(A)(1)(a)).
Trial court originally sentenced Rogers to five years; this court affirmed the conviction but remanded for resentencing.
On remand the court imposed a mandatory 60-day term to run consecutively to a 30‑month prison term.
Rogers has an extensive criminal history (nine prior DUI/OVI convictions, multiple domestic violence convictions, drug trafficking, etc.), which the trial court cited when imposing sentence.
Rogers appealed, arguing the court erred by imposing a near-maximum sentence without making statutory findings; the appellate review is governed by R.C. 2953.08(G)(2) and Ohio Supreme Court precedent.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sentencing Rogers to near-maximum time without explicit statutory findings was error	State: sentence is within statutory range and court considered sentencing purposes/factors so no error	Rogers: court failed to make required statutory findings before imposing near-maximum/consecutive time	Affirmed — record supports consideration of R.C. 2929.11/2929.12; specific language or explicit findings not required; sentence not contrary to law

Marcum v. State, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231 (clarifies appellate standard for reviewing felony sentences under R.C. 2953.08(G)(2))
State v. South, 144 Ohio St.3d 295, 2015-Ohio-3930, 42 N.E.3d 734 (describes sentencing range for third-degree felony OVI)