State v. Smith, 2019 Ohio 2082

Terry A. Smith was the driver in a single-vehicle crash on Aug. 22, 2016; officers detected a strong odor of alcohol and medical records indicated impairment.
Smith admitted to drinking; he was indicted for one count of OVI in violation of R.C. 4511.19(A)(1)(a), a third-degree felony.
After an unsuccessful suppression motion, Smith pled guilty; the trial court imposed the statutory maximum 36-month prison term.
Smith has a lengthy criminal history including nine prior OVI convictions and prior felony OVI about 11 years earlier; post-release offenses included drug and disorderly conduct convictions and testing positive for methamphetamine while on bond.
On appeal Smith argued the maximum sentence was excessive and unsupported by the record, pointing to a period of relative lawfulness and cooperation while the case was pending.
The Twelfth District affirmed, concluding the trial court properly considered R.C. 2929.11 and 2929.12 and that the record supported the maximum sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 36‑month maximum sentence was unsupported/excessive	State: sentence is authorized and appropriate given Smith's history and public-safety risk	Smith: trial court failed to adequately weigh mitigating factors; recent law‑abiding period and cooperation warrant leniency	Affirmed — sentence not contrary to law; record supports maximum term

State v. Brandenburg, 146 Ohio St.3d 221 (2016) (appellate standard for modifying felony sentences under R.C. 2953.08)