State v. Ross
2011 Ohio 1136
Ohio Ct. App.2011Background
- Ross pleaded guilty to vandalism, a fifth-degree felony, and was sentenced to six months in prison.
- Appointed counsel moved to withdraw under Anders v. California after reviewing the record.
- The appellate court granted leave to withdraw and undertook independent review.
- The court found the sentence within statutory range and that the trial court had complied with some sentencing statutes, but identified a postrelease control error.
- The court remanded for a R.C. 2929.191 hearing to properly impose postrelease control and appointed new counsel for Ross.
- Judgment was affirmed in part, reversed in part, and remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the six-month sentence was clearly and convincingly contrary to law or an abuse of discretion | Ross | Ross | Six-month term within range; no abuse of discretion |
| Whether trial counsel was ineffective | Ross | Ross | No arguable merit; no deficient performance shown |
| Whether postrelease control was properly imposed | Ross | Ross | Imposition deficient; remand for proper R.C. 2929.191 hearing |
Key Cases Cited
- Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (standard for appellate review of felony sentences)
- State v. Foster, 109 Ohio St.3d 1 (2006-Ohio-856) (judicial discretion limits on sentencing findings)
- State v. Adams, 62 Ohio St.2d 151 (1980) (definition of abuse of discretion in sentencing)
- State v. Davis, 2007-Ohio-3944 (2007) (abuse-of-discretion framework for sentencing appeals)
- State v. Elswick, 2006-Ohio-7011 (2006) (criteria for appellate review of sentencing decisions)
- State v. Firouzmandi, 2006-Ohio-5823 (2006) (factors for reviewing sentence proportionality)
- State v. Hilderbrand, 2008-Ohio-6526 (2008) (remand to correct postrelease control issues)
- State v. McGhee, 2005-Ohio-1585 (2005) (judicial economy in remand orders for sentencing issues)
- State v. Drummond, 2006-Ohio-5084 (2006) (ineffective assistance standard under Strickland)
- State v. Gondor, 860 N.E.2d 77 (2006-Ohio-6679) (presumption of competence of counsel; burden on defendant)
- State v. Conway, 2006-Ohio-2815 (2006) (reasonableness of counsel performance and prejudice inquiry)