2012 Ohio 3155
Ohio Ct. App.2012Background
- Defendant Peppe Storey was charged by indictment with two counts of felonious assault, domestic violence, unlawful possession of a dangerous ordnance, and two counts of having a weapon while under disability, plus forfeiture and firearm specifications.
- He was convicted of two felonies for felonious assault, and one count of having a weapon while under disability at a jury trial.
- This court previously remanded for resentencing following Storey I, where felonious assault counts were allied and ordered merged.
- At resentencing on May 26, 2010, the court merged the felonious assault counts and imposed eight years for felonious assault and a three-year firearm specification, to be served consecutively.
- In 2012, Storey sought a delayed appeal arguing the sentence was not consistent with sentences for similar crimes by similar offenders.
- The trial court’s compliance with R.C. 2929.11 and preservation of the issue whether the sentence was disproportionate were key points of review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the resentencing complied with RC 2929.11’s consistency requirement | State argues the court considered statutory guidelines and implied consistency with similar cases | Storey contends the court failed to assess consistency with sentences for similar offenders | Yes; the court complied with 2929.11 and overruled the assignment |
Key Cases Cited
- State v. Storey, 8th Dist. No. 92946, 2010-Ohio-1664 (Ohio-2010) (remand for resentencing; felonious assaults merged)
- State v. Braxton, 8th Dist. No. 90273, 2008-Ohio-3083 (Ohio-2008) (statements of consideration of factors support compliance with 2929.11)
- State v. Lewis, 8th Dist. Nos. 88627, 88628, 88629, 2008-Ohio-679 (Ohio-2008) (affirmed sufficiency of considering required factors)
- State v. Cole, 8th Dist. No. 93271, 2010-Ohio-3408 (Ohio-2010) (disproportionality evidentiary requirements not waived on appeal)
- State v. Bronczyk, 8th Dist. No. 96326, 2011-Ohio-5924 (Ohio-2011) (preservation of disproportionality issue requires a starting point)
- State v. Wilson, 129 Ohio St.3d 214, 2011-Ohio-2669 (Ohio-2011) (res judicata does not bar objections arising at resentencing)