State v. Saunders
2013 Ohio 490
Ohio Ct. App.2013Background
- Saunders pleaded guilty in three cases to robbery with firearm specs, assault, and attempted escape.
- In CR-536994 he received two concurrent five-year robbery sentences, each with a one-year firearm spec consecution.
- In CR-541910 he was sentenced to 12 months for a fifth-degree assault.
- In CR-543492 he received a three-year sentence for attempted escape; all three sentences were ordered consecutive for a ten-year aggregate.
- Saunders appeals the sentences, challenging the length and reasoning, while acknowledging the aggregate term fits statutory limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly imposed maximum, consecutive sentences. | Saunders contends the court abused discretion by maximum/consecutive terms. | Saunders argues lack of mandated findings and misalignment with similar offenses. | Not error; discretion proper given history and HB 86 timing. |
| Whether the sentencing court adequately stated reasons for the sentence. | Saunders argues no explicit stated reasons were provided. | State asserts statutory factors were considered; entries say factors were considered. | Entries sufficient under controlling case law at the time. |
| Whether timely appeals or res judicata limit review of CR-536994 sentence. | Saunders challenges all three sentences on appeal; some issues barred by res judicata. | State argues prior rulings and res judicata foreclose challenges to CR-536994. | CR-536994 affirmatively upheld; other grounds dismissed due to timeliness and res judicata. |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (pre-HB86 discretion on maximum/consecutive sentences)
- State v. Ward, 8th Dist. No. 97219, 2012-Ohio-1199 (2012-Ohio-1199) (pre-HB86 considerations and discretion)
- State v. Payne, 114 Ohio St.3d 502 (2007-Ohio-4642) (sentencing entries stating factors were considered)
- State v. Kamleh, 8th Dist. No. 97092, 2012-Ohio-2061 (2012-Ohio-2061) (compliance with sentencing statutes when factors are cited)
- State v. Dozier, 8th Dist. No. 88205, 2007-Ohio-530 (2007-Ohio-530) (res judicata / direct appeal limitations)