State v. Seidowsky
2015 Ohio 4311
Ohio Ct. App.2015Background
- On March 16, 2013, Jeffrey Seidowsky and his girlfriend (J.Y.) argued after Seidowsky assaulted their puppy; the dispute escalated and Seidowsky struck J.Y., kicked and pulled her legs, and threatened to kill her if she reported the incident.
- J.Y. left and reported the incident to police; on March 18, 2013 Seidowsky was charged in Medina Municipal Court with two counts of domestic violence.
- Seidowsky initially pled not guilty; he later entered a no-contest plea to one count of domestic-violence assault (R.C. 2919.25(A)) pursuant to a plea agreement; the menacing count (R.C. 2919.25(C)) was dismissed.
- The court ordered a presentence investigation (PSI) and then sentenced Seidowsky to 180 days in jail (with credit for time served).
- Seidowsky appealed, raising a single assignment of error that the trial court abused its discretion by imposing the maximum 180-day sentence without considering R.C. 2929.22 sentencing factors.
- After two Anders briefs and appointment of new appellate counsel, the Ninth District reviewed the record and affirmed the municipal court judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by imposing a 180-day misdemeanor jail term without considering R.C. 2929.22 factors | Seidowsky: court failed to consider R.C. 2929.22 factors other than prior record; 6-month term excessive given his acceptance of responsibility and case not the worst domestic violence | State: trial court is presumed to have considered the statutory factors; PSI was prepared and reviewed; facts warranted maximum sentence | No abuse of discretion; record contains no affirmative showing court failed to consider R.C. 2929.22; PSI and violent facts justify 180-day sentence |
Key Cases Cited
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (1980) (appellant bears burden to show trial court failed to consider required factors)
