State v. Terry, 2017 Ohio 7266

Ricky Terry was indicted (Dec. 2015) on Racketeer-type charge (engaging in a pattern of corrupt activity) and multiple counts of breaking-and-entering, motor-vehicle thefts/attempts, thefts, and safecracking; forfeiture specifications were included.
In Aug. 2016 Terry pleaded guilty to: one count of engaging in a pattern of corrupt activity (2nd degree); seven motor-vehicle thefts (4th degree); one attempted motor-vehicle theft (5th degree); two thefts (4th & 5th); and five breaking-and-entering counts (5th degree). He admitted forfeiture; several other counts were dismissed per plea deal.
The plea agreement included no fines or restitution, and the Clark County sentence was to run concurrently with a separate sentence Terry was already serving; the State agreed to seek non-prosecution in Franklin County on related matters.
The PSI and prosecutor emphasized Terry’s extensive criminal history dating to juvenile offenses, numerous prior prison terms (at least 14 prior prison sentences), patterns of breaking/entering/theft, and a high risk level; prosecutor disputed defense counsel’s claim of remorse.
The trial court imposed maximum sentences on each count and ordered them served consecutively (but concurrent with the other existing sentence) for an aggregate 27-year term, finding consecutive sentences necessary to protect the public and that the aggregate harm was so great no single term sufficed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 27-year aggregate sentence is supported by the record and lawful	State argued sentence within statutory range, court considered R.C. 2929.11/2929.12, and consecutive findings were made per statute	Terry argued the sentence was not supported by the record and was contrary to law (challenging individual and consecutive sentences)	Court affirmed: sentences within statutory range; trial court stated it considered required factors and made R.C. 2929.14(C)(4) findings; record supports sentence under deferential review

State v. King, 992 N.E.2d 491 (Ohio 2013) (trial court has broad discretion to impose any sentence within statutory range)
State v. Leopard, 957 N.E.2d 55 (Ohio App. 2011) (trial court must consider R.C. 2929.11 and 2929.12 when imposing sentence)
State v. Mathis, 846 N.E.2d 1 (Ohio 2006) (discussion of sentencing principles and required considerations)
State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (trial court must incorporate consecutive-sentence findings in entry but need not state supporting reasons)
State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (appellate review standard for felony sentences under R.C. 2953.08(G)(2): deferential, vacate/modify only if sentence contrary to law or record lacks required support)