State v. Suarez, 2014 Ohio 1350

Defendant Suarez was indicted for Having Weapons While Under Disability, a felony of the third degree, in Geauga County.
At trial, neighbor Rositano testified Suarez pointed a shotgun at his son and threatened to shoot; police later recovered the shotgun from Suarez's home.
Suarez had a prior felony conviction and had not been relieved of the weapons disability.
Jury found Suarez guilty as charged; sentencing occurred about a year later, with the court expressing concerns about remorse and Suarez's criminal history.
Defense raised concerns about the court’s consideration of remorse, medical issues, and a favorable victim statement, as well as an objection about a juror possibly sleeping during closing arguments.
The court imposed a three-year prison sentence, later memorialized in a Judgment of Conviction, and Suarez timely appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the sentence complied with sentencing law	Suarez argues the court did not properly weigh factors in 2929.11–2929.12.	Suarez contends the court gave insufficient weight to remorse, health, and mitigating factors.	No reversible error; sentence within statutory range and properly weighed factors.
Whether the court erred by not inquiring about a sleeping juror	Defense argued the juror may have slept during trial and sought inquiry/admonition.	Suarez asserts the court should have investigated/sanctioned the sleeping juror.	No plain error; absence of evidence of actual sleep or prejudice; court did not abuse discretion.

State v. Kalish, 120 Ohio St.3d 23 (Ohio Supreme Court (2008)) (standard for reviewing felony sentences: compliance first, then abuse of discretion)
State v. Vanderhoof, 2013-Ohio-5366 (11th Dist. (2013)) (deference to trial court’s weighing of factors under 2929.12)
State v. Grodzik, 2013-Ohio-5364 (11th Dist. (2013)) (sentencing discretion within statutory range)
State v. Davis, 2011-Ohio-5435 (11th Dist. (2011)) (court’s assessment of remorse hinges on trial-record credibility)
State v. Holin, 2007-Ohio-6255 (11th Dist. (2007)) (trial court not obligated to assign specific weight to factors)
State v. DeNiro, 2013-Ohio-2826 (11th Dist. (2013)) (judicial fact-finding for sentencing not required)
State v. Sanders, 92 Ohio St.3d 245 (Ohio Supreme Court (2001)) (plain-error standard for sleeping juror claims when not raised at trial)
State v. Keener, 2006-Ohio-5650 (11th Dist. (2006)) (discretion in handling a sleeping juror; no per se rule to question)
State v. Majid, 2009-Ohio-3075 (8th Dist. (2009)) (isolated incidents or limited witnesses reduce likelihood of plain error)