State v. Snyder
2012 Ohio 3069
Ohio Ct. App.2012Background
- Snyder appealed the Seneca County Common Pleas Court judgment after three near-maximum consecutive sentences following guilty pleas to child-pornography related charges.
- Indictment (June 16, 2011) charged Count One illegal use of a minor in nudity oriented material (felony, second degree); Count Two pandering obscenity involving a minor (felony, fourth degree); Count Three tampering with evidence (felony, third degree).
- The April 2011 incident in Tiffin involved Snyder watching his cousin’s two young children; nude photos of the cousin’s two-year-old daughter were found on Snyder’s phone after he denied ownership and then removed; the photos were later discovered to exist on the phone.
- A search of Snyder’s residence, phone, and computer revealed 26 images of child pornography on the computer, which had been “cleaned up.”
- Snyder pled guilty to Counts Two and Three and to a lesser included charge of attempted illegal use of a minor in nudity-oriented material, under a plea agreement with no sentencing recommendation.
- The trial court sentenced Snyder to 4 years (Count One), 17 months (Count Two), and 1 year (Count Three), to be served consecutively, plus Tier II sex-offender registration and community control; Snyder timely appealed on three asserted sentencing errors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Allied offenses merger under 2941.25 | State argues counts were allied; deserved merger. | Snyder contends offenses were separate with distinct conduct. | Allied offenses merger not found; counts not merged. |
| HB 86 sentencing guidelines applicable | Snyder argues old guidelines applied; stiffer ranges. | State contends guidelines in effect at sentencing; proper application. | Second assignment sustained; remand for resentencing under HB 86. |
| Non-minimum, consecutive sentences | Snyder not entitled to minimum sentences due to lack of history. | Remains discretion to impose longer sentences. | Moot after remand for HB 86 resentencing; third assignment moot. |
Key Cases Cited
- State v. Johnson, 128 Ohio St.3d 153 (2010-Ohio-6314) (conduct-based merger under R.C. 2941.25; consider conduct, not elements)
- State v. Rance, 85 Ohio St.3d 632 (1999-Ohio–291) (overruled to the extent of abstract element comparison)