State v. Small
2022 Ohio 636
| Ohio Ct. App. | 2022Background
- Abby Small was indicted for one count of failure to comply with an order or signal of a police officer (third-degree felony) after fleeing a traffic stop, driving over 100 mph while weaving, and later crashing her vehicle and sustaining injuries.
- The trooper terminated the pursuit for safety reasons; no other vehicles were involved in the crash.
- Small had prior misdemeanor convictions (including prior failure to comply, resisting arrest, child endangering) and was effectively on a suspended sentence/probationary status when the offense occurred.
- Small pled guilty in exchange for the State’s recommendation of community control; the court accepted the plea and ordered a PSI before sentencing.
- At sentencing the trial court noted the speed (admitted 130 mph) and her criminal history, then imposed 30 months in prison and a 10-year driver’s license suspension.
- Small appealed, arguing the sentence was an abuse of discretion and was contrary to the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 30-month sentence was an abuse of discretion | Sentence was within statutory range and the trial court considered R.C. 2929.11/2929.12 | Sentence was excessive and the trial court abused its discretion | Court applied R.C. 2953.08(G)(2); sentence is within statutory range and the record shows required considerations—not an abuse; affirmed |
| Whether the sentence was against the manifest weight of the evidence | Manifest-weight review is not the proper appellate standard for sentencing under R.C. 2953.08(G)(2) | Sentence is against the manifest weight of the evidence | Court rejected manifest-weight standard for sentencing review; appellate review limited to whether sentence is clearly and convincingly contrary to law—it was not; affirmed |
Key Cases Cited
- State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (establishes R.C. 2953.08(G)(2) standard for appellate review of felony sentences)
- State v. Jones, 169 N.E.3d 649 (Ohio 2020) (limits appellate modification under R.C. 2953.08(G)(2)(b) when sentence rests on R.C. 2929.11/2929.12 considerations)
- State v. King, 992 N.E.2d 491 (Ohio 2013) (trial court has discretion to impose any sentence within statutory range without on-the-record findings)
- State v. Brown, 99 N.E.3d 1135 (Ohio 2017) (sentence is contrary to law if court ignores statutorily required considerations or imposes outside statutory range)