State v. Sawyer
2017 Ohio 1433
Ohio Ct. App.2017Background
- Amanda Sawyer pled guilty to two robbery counts (one second-degree, one amended to third-degree) arising from a June 2 bank robbery and a July 27 stopped attempt to rob a gas station; two other counts were dismissed per plea deal.
- At the bank robbery Sawyer wore a partial disguise, brandished what appeared to be a silver pistol (later believed to be a toy), and obtained $6,529; bank employees testified to lasting emotional and security impacts.
- Two months later Sawyer was stopped in a vehicle missing a plate; officers found a knife, gloves, and the removed plate; she admitted she intended to rob the TNT gas station.
- At sentencing the court imposed six years on the completed robbery and the maximum 36 months on the attempted robbery, to be served consecutively; restitution and court costs were also ordered.
- Sawyer appealed, raising three assignments of error: (1) improper maximum sentence on the third-degree felony, (2) consecutive sentences unsupported by the record, and (3) ineffective assistance for failure to move to waive court costs/submit an indigency affidavit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Whether the 36‑month maximum on the amended third‑degree robbery was improper | State: sentence within statutory range and court considered sentencing statutes; conduct supported seriousness. | Sawyer: attempted/aborted robbery with no victims shouldn’t merit maximum; mitigating factors (financial need, no prior record) support lower term. | Court affirmed: maximum sentence within statutory range; court considered R.C. 2929.11/2929.12 and record supported seriousness and risk of harm. |
| 2. Whether consecutive sentences were unsupported by required findings | State: consecutive terms necessary to protect public and reflect seriousness; bank harm and attempted second robbery justify findings. | Sawyer: second offense was aborted and low‑level; record doesn’t support R.C. 2929.14(C)(4) findings (harm so great/unusual; danger to public). | Court affirmed: trial court made the statutory findings on the record; victim testimony and facts (completed robbery plus attempted second with knife) support consecutive sentences. |
| 3. Whether counsel was ineffective for failing to file indigency affidavit/move to waive court costs | State: no reasonable probability court would have found Sawyer indigent for costs given her age, work history, and present/future ability to pay. | Sawyer: appointed counsel established indigency for representation; counsel should have moved to waive costs; likely waiver would have been granted. | Court affirmed: no prejudice shown; record did not demonstrate a reasonable probability the court would have waived costs. |
Key Cases Cited
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (trial court must make and incorporate R.C. 2929.14(C)(4) findings to impose consecutive sentences)
- State v. Adams, 37 Ohio St.3d 295 (1988) (a silent record raises the presumption that the trial court considered R.C. 2929.12 factors)
- Strickland v. Washington, 466 U.S. 668 (1984) (two‑prong test for ineffective assistance of counsel)
- State v. Threatt, 108 Ohio St.3d 277 (2006) (defendant must move at sentencing to request waiver of court costs; failure waives the issue)
- State v. Joseph, 125 Ohio St.3d 76 (2010) (waiver of court costs is permitted but not required when defendant is indigent)