State v. Starcher
2015 Ohio 5250
Ohio Ct. App.2015Background
- Defendant/appellant Starcher was convicted of pandering sexually oriented matter involving a minor (Count I, second degree) and twenty counts (Counts II–XIX, XXII) (fourth degree).
- Evidence tied Starcher to online exchanges and downloaded child pornography images/videos via IMGSRC.RU, including identified victims and additional undeleted material on devices.
- Trial court accepted guilty pleas at one point, granted withdrawal of pleas, and then proceeded to trial resulting in a verdict of guilt on most counts; nolle prosequi on two counts.
- Sentencing hearing occurred after a pre-sentence investigation; court imposed an aggregate 12-year prison term and classified him as Tier II offender.
- Appellant challenged the sentence as excessive and abusive, arguing misapplication of law and failure to merge allied offenses; court held sentence proper.
- This appeal focuses on whether the sentence was contrary to law or an abuse of discretion, and whether consecutive terms were properly imposed under applicable statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentence was unduly harsh or an abuse of discretion | Starcher argues sentencing was excessive and not supported by the record | State contends sentence within statutory ranges and properly reasoned | Sentence affirmed; not contrary to law or an abuse of discretion |
Key Cases Cited
- State v. Kalish, 120 Ohio St.3d 23 (2008) (two-step standard for reviewing felony sentences)
- State v. Bailey, 2014-Ohio-5129 (2014) (use Kalish framework; abuse-of-discretion review second step)
- State v. Bonnell, 2014-Ohio-3177 (2014) (consecutive-sentencing findings need not be verbatim, but supported by record)
