2019 Ohio 189
Ohio Ct. App.2019Background
- In May 2017 a grand jury indicted Lisa Runnion and two co-defendants for second-degree felony robbery after an incident at a market; the victim alleged Runnion concealed merchandise and struck her when stopped.
- Co-defendants Barth and Johnson ultimately pled to first-degree misdemeanors (theft) in municipal court and received 180-day jail sentences; the robbery counts against them were dismissed.
- Runnion pleaded guilty in the common pleas court to Robbery and Failure to Appear under a plea agreement; she later failed to appear for sentencing and was charged again with Failure to Appear and, at arrest, was charged with additional drug possession counts.
- At sentencing the state proposed (and the court imposed) a five-year prison term on the robbery and a concurrent one-year term on the failure-to-appear, dismissing the new drug and second failure-to-appear charges per the plea agreement.
- Runnion appealed, arguing (1) her sentence violated R.C. 2929.11(B) because it was inconsistent with her co-defendants’ 180‑day sentences, and (2) trial counsel was ineffective for failing to raise that consistency argument at sentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Runnion's sentence violated R.C. 2929.11(B) (consistency) | State: sentence lawful and supported by plea and facts | Runnion: sentence inconsistent with co-defendants who got 180 days | Rejected — appellant failed to preserve the consistency claim by not raising it in trial court; appellate review requires preservation and a factual record |
| Whether counsel was ineffective for not raising consistency argument | State: counsel not ineffective; Runnion was more culpable and had additional charges; no prejudice shown | Runnion: counsel’s failure to raise consistency claim prejudiced her and led to harsher sentence | Rejected — defendant failed to show prejudice under Strickland; thus ineffective-assistance claim fails |
Key Cases Cited
- Marcum v. Ohio, 146 Ohio St.3d 516 (2016) (standards for appellate review of felony sentences under R.C. 2953.08)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-part test for ineffective assistance of counsel)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (definition of clear and convincing evidence)
- Issa v. Ohio, 93 Ohio St.3d 49 (2001) (ineffective-assistance principles in Ohio)