State v. Shreves
74 N.E.3d 765
Ohio Ct. App.2016Background
- Michael Shreves was indicted for rape, attempted rape, unlawful sexual conduct with a minor (USC), and attempted USC; he pled guilty to USC (third-degree felony) and attempted USC (fourth-degree felony) in a negotiated plea that dismissed the rape counts.
- The offenses arose from an incident on July 31, 2015, involving a 14-year-old victim; DNA from Shreves was found on a swab of the victim. Shreves was nearly 30 at the time.
- Shreves initially pleaded not guilty and not guilty by reason of insanity; competency evaluation found him competent to stand trial. He withdrew those pleas and entered guilty pleas after a Crim.R. 11 colloquy.
- At sentencing the State sought consecutive maximum terms; defense asked for community control, citing cognitive difficulties and remorse.
- The trial court imposed consecutive maximum terms: 60 months for USC and 18 months for attempted USC, for an aggregate 78 months, and entered findings that it considered R.C. 2929.11 and 2929.12 and that consecutive sentences were necessary and not disproportionate.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing consecutive maximum sentences. | State: consecutive maximums appropriate to protect public and punish, given seriousness. | Shreves: court failed to properly weigh R.C. 2929.11 and 2929.12; sentence is contrary to law/abuse of discretion. | Court affirmed: trial court explicitly considered statutory factors; sentence within statutory range; defendant failed to show by clear and convincing evidence that sentence unsupported by record. |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (2008) (discussed as prior standard for appellate review of sentencing; court notes Kalish standard superseded by statute)
- State v. Marcum, 146 Ohio St.3d 516 (2016) (acknowledges statutory change requiring clear-and-convincing-evidence review and that Kalish standard is no longer applicable)