State v. Sanders
2016 Ohio 7204
| Ohio Ct. App. | 2016Background
- Victim V.M. met appellant (using alias "Tommy Brown") online; they lived together intermittently in Ashland. An April 8, 2015 altercation left V.M. with neck injuries consistent with choking; neighbors witnessed damage in the apartment and called police.
- Appellant fled; police later located and arrested him in Mansfield about a week later. He gave the alias "Tommy Brown" during booking; his real identity (Ladarrius Sanders) was discovered by examining his phone and social-media links.
- Text messages from appellant's phone after the incident contained threats; V.M. testified she did not receive some texts because her phone stopped working.
- Indictment charged (I) domestic violence (felony 4), (II) intimidation of a victim (felony 3), (III) falsification (misdemeanor 1), and (IV) tampering with records (felony 3). Jury convicted on all counts.
- Trial counsel did not move to suppress based on allegedly warrantless arrest; appellant raised ineffective assistance for that omission. Appellant also raised manifest-weight challenges, argued verdict form failed to specify degree for intimidation, and contested consecutive sentencing.
- Trial court sentenced to an aggregate 48 months. On appeal court affirmed in part, reversed/vacated in part, and remanded.
Issues
| Issue | State's Argument | Sanders' Argument | Held |
|---|---|---|---|
| 1. Ineffective assistance for failure to move to suppress arrest-based evidence | Suppression motion unlikely to succeed; record ambiguous about existence of warrant and probable cause | Counsel deficient for not filing motion to suppress unlawful-warrantless-arrest evidence; prejudice from admission of ID/booking records | Overruled. Record insufficient to show motion would have been granted; difficult to evaluate suppression on trial record. |
| 2. Manifest weight of convictions (Counts I–IV) | Evidence (victim, neighbors, medical, texts, phone forensics, booking records) supports convictions | Appellant argues alibi and inconsistencies; specific claims that falsification lacks proof | Affirmed as to Counts I (domestic violence), II (intimidation), IV (tampering). Count III (falsification) reversed for lack of evidence of any false statement to Captain Lay. |
| 3. Verdict form failure for Intimidation degree | Jury instructions, indictment, and evidence reference felony elements; conviction should stand | Verdict form omitted degree/aggravating element, requiring conviction at lowest degree | Sustained. Under controlling Ohio precedent verdict form controls; intimidation reduced to misdemeanor 1 and felony conviction vacated. |
| 4. Legality of consecutive sentence for tampering (Count IV) | Record, sentencing hearing, and PSI support findings required by R.C. 2929.14(C)(4) | Consecutive for Count IV disproportionate given other concurrent terms | Overruled. Trial court made required findings on the record; record supports consecutive terms. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (test for ineffective assistance of counsel)
- State v. Pelfrey, 112 Ohio St.3d 422 (2007) (verdict form must state degree or that aggravating element was found)
- State v. Sessler, 119 Ohio St.3d 9 (2008) (applying Pelfrey to multi‑part statutes)
- State v. Eafford, 132 Ohio St.3d 159 (2012) (reviewed verdict‑form error under plain‑error; looked to entire record)
- State v. McDonald, 137 Ohio St.3d 517 (2013) (reiterating Pelfrey: verdict form itself is the only relevant thing for R.C. 2945.75 compliance)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (manifest‑weight standard)