State v. Saunders
2017 Ohio 8557
| Ohio Ct. App. | 2017Background
- On December 13, 2015, Saunders was rear-ended; he exited his smoking vehicle after the air bag deployed and learned the other driver (Taylor) lacked insurance.
- An argument ensued; Alfred Crawford (a passenger in Taylor’s car) intervened when he feared Saunders would strike Taylor.
- Saunders and Crawford fought; Crawford fell, and Saunders placed him in a chokehold and repeatedly kicked and punched him, rendering Crawford unconscious.
- Crawford suffered a severe concussion, sprained knee, and multiple bruises; Saunders was charged with and, after a bench trial, found guilty of assault.
- The trial court found Crawford’s testimony more credible than Saunders’s; the court ordered a PSI and then sentenced Saunders to a suspended 180-day jail term and one year community control, but did not personally ask Saunders if he wished to speak before sentencing.
- Saunders appealed, arguing the conviction was against the manifest weight of the evidence and that the trial court denied his Crim.R. 32(A)(1) right of allocution; the appellate court affirmed the conviction but reversed and remanded for resentencing for lack of allocution.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Saunders) | Held |
|---|---|---|---|
| Whether conviction was against manifest weight of the evidence | Trial testimony (victim) was credible; evidence supports assault conviction | Crawford started the fight; Saunders acted in self-defense and testimony against him was not credible | Affirmed — trial court did not lose its way; it reasonably found Crawford more credible |
| Whether defendant was denied right of allocution at sentencing under Crim.R. 32(A)(1) | N/A (court proceeded to sentencing after PSI and invited counsel to speak) | Court failed to personally address Saunders and allow him to speak before sentencing | Reversed sentence and remanded for resentencing — mandatory allocution requirement not satisfied; error not harmless or invited |
Key Cases Cited
- State v. Railey, 977 N.E.2d 703 (Ohio 2012) (deference to trial court credibility findings)
- State v. Thompkins, 678 N.E.2d 541 (Ohio 1997) (standard for manifest-weight review)
- State v. Green, 738 N.E.2d 1208 (Ohio 2000) (Crim.R. 32(A)(1) requires court to address defendant before sentencing)
- State v. Campbell, 738 N.E.2d 1178 (Ohio 2000) (failure to permit allocution requires resentencing unless error is invited or harmless)