State v. Taylor
2019 Ohio 4719
Ohio Ct. App.2019Background
- Tyrone L. Taylor was indicted in Seneca C.P. No. 18CR0266 for aggravated burglary with a firearm specification (first-degree felony) and having weapons while under disability (third-degree felony), arising from an incident in which he pointed a gun at a victim and took money and marijuana.
- A separate indictment, 19CR0049, charged Taylor with grand theft of a motor vehicle; he later pled to the lesser-included offense of unauthorized use of a motor vehicle (first-degree misdemeanor) by negotiated plea.
- On April 22, 2019 Taylor pled guilty in 18CR0266; on May 28, 2019 he pled guilty in 19CR0049 and both matters were sentenced the same day.
- Sentences: 6 years for aggravated burglary plus a mandatory consecutive 3-year firearm specification (by operation of law); 24 months for having weapons while under disability (to run concurrent with the aggravated-burglary term); 180 days for the misdemeanor (jointly recommended and concurrent). Judgment entries filed May 29, 2019.
- Taylor appealed, arguing under R.C. 2953.08(G) that the six-year aggravated-burglary sentence was not supported by the record. The appellate court dismissed the appeal as to the misdemeanor (no challenge) and reviewed the felony sentence on the merits.
- The trial court stated it considered the record, oral statements, the presentence report, R.C. 2929.11 and 2929.12; the appellate court found the sentence within the statutory range and supported by facts in the record (use of firearm, planning, victim impact, Taylor’s criminal history, being on bond for an armed robbery, and a high ORAS recidivism score).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Taylor’s six-year sentence for aggravated burglary is clearly and convincingly not supported by the record or contrary to law under R.C. 2953.08(G) | The State: sentence is within the statutory range; trial court considered R.C. 2929.11/2929.12; record (firearm use, planning, victim harm, prior offenses, high ORAS) supports more-than-minimum sentence | Taylor: expressed remorse, family/community support, limited prior history, young age, and that the consecutive 3-year firearm term made the 6-year term effectively high-end and unwarranted | Court affirmed: sentence is within statutory range, trial court considered required statutes, and record contains ample support for the sentence; assignment of error overruled. The separate appeal for the misdemeanor was dismissed. |
Key Cases Cited
- State v. Mathis, 109 Ohio St.3d 54 (2006) (trial courts must consider R.C. 2929.11 and R.C. 2929.12 when imposing felony sentences)