State v. Thompson
2018 Ohio 1393
Ohio Ct. App.2018Background
- On Dec. 15, 2016, Gregory Thompson (defendant) allegedly threatened his live-in girlfriend and her 10‑year‑old daughter; charged by grand jury on Jan. 6, 2017.
- Indictment originally: domestic violence (4th‑degree felony) with prior domestic‑violence specification, and two counts of aggravated menacing (misdemeanors).
- Plea deal: on Mar. 15, 2017 Thompson pled guilty to amended Count 1 — attempted domestic violence (5th‑degree felony); other counts nolled.
- PSI prepared; sentencing on Apr. 19, 2017: trial court imposed seven months’ imprisonment (within the statutory range for a 5th‑degree felony).
- Thompson appealed, arguing the sentence was contrary to law and that consecutive sentences were improperly imposed.
- The court of appeals affirmed, holding the sentence was lawful and no consecutive sentences were imposed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consecutive sentences were imposed properly | State: trial court imposed only one sentence; R.C. 2929.14(C)(4) inapplicable | Thompson: trial court erred by imposing consecutive sentences | Court: No consecutive sentences were imposed; R.C. 2929.14(C)(4) not implicated |
| Whether the seven‑month sentence is contrary to law under R.C. 2953.08(G)(2) | State: sentence is within statutory range and trial court considered R.C. 2929.11–.12 factors | Thompson: record does not clearly and convincingly support a prison term; community control preferred under R.C. 2929.13 | Court: Sentence not contrary to law — within R.C. 2929.14(A)(5) range and court considered required sentencing factors |
| Whether R.C. 2929.13(B)(1)(a) (presumption for community control) required community control | State: attempted domestic violence qualifies as an "offense of violence," so the presumption does not apply | Thompson: argues community control should have been imposed | Court: Attempted domestic violence is an offense of violence (per R.C. 2901.01 and V.M.D.), so R.C. 2929.13(B)(1) does not mandate community control |
| Whether the trial court improperly relied on arrests/ dismissed charges in assessing recidivism | State: trial court limited consideration to verifiable convictions and criminal history | Thompson: PSI included arrests/ dismissed matters that shouldn’t affect sentence | Court: Trial court expressly stated it did not consider dismissed/unverified arrests; relied on verified convictions and history |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (standard for appellate review of felony sentences under R.C. 2953.08(G)(2))
- State v. V.M.D., 148 Ohio St.3d 450 (Ohio 2016) (holding attempt to commit an offense enumerated in R.C. 2901.01(A)(9)(a) qualifies as an "offense of violence")