State v. Senz, 2011 Ohio 2604

Senz pleaded no contest to felonious assault; court sentenced him to three years in prison.
Codefendant also involved; Crawford injured severely and a removal of about six hundred dollars occurred.
Crawford reported weapon used; victim hospitalized with multiple injuries including teeth, shoulder, ribs, brain.
Senz spoke at sentencing; admitted to hitting twice and attempted to break up the fight; claimed his codefendant acted with cousin's ex-husband.
Appeal argues sentence longer than codefendant violates §2929.11(B) consistency; court presumed proper consideration since sentence within statutory range.
Court concluded sentence not contrary to law and no abuse of discretion; disparity permissible given differing conduct and weapon use by Senz.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Senz’s longer term than codefendant was lawful.	Senz argues codefendant equally culpable; seeks equalization under 2929.11(B).	Court properly applied guidelines; disparity allowed with weapon use and differing conduct.	Not contrary to law; no abuse of discretion; affirmed.

State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (presumption of proper consideration of felonious sentencing factors when on record)
State v. Zaharie, 9th Dist. No. 09CA0077-M, 2010-Ohio-3542 (2010-Ohio-3542) (consistency aims at similar sentences; not required equal sentences for codefendants)
State v. Marriott, 2d Dist. No. 2008 CA 48, 2009-Ohio-2323 (2009-Ohio-2323) (differences between defendants may justify dissimilar sentences)
State v. Allen, 10th Dist. No. 10AP-487, 2011-Ohio-1757 (2011-Ohio-1757) (no requirement that codefendants receive equal sentences)
State v. McCauley, 8th Dist. No. 80630, 2003-Ohio-3211 (2003-Ohio-3211) (relief where record shows more serious conduct by codefendant)