State v. Toler
2013 Ohio 5084
Ohio Ct. App.2013Background
- Toler appeals a 36-month prison sentence following a guilty plea to one count of child endangering, a third-degree felony.
- The August 27, 2012 incident involved Toler pushing his infant son's face down on a bed, causing the child to stop breathing; hospital personnel resuscitated the child.
- November 15, 2012 Grand Jury indicted Toler on three counts: Count One felonious assault (second-degree), Count Two child endangering (third-degree), Count Three child endangering (second-degree).
- November 19, 2012 Toler was released on his own recognizance; he was found indigent and appointed counsel.
- March 1, 2013 the parties negotiated a plea: Toler would plead guilty to Count Two; State would nolle as to Counts One and Three; Toler was advised of a maximum 36-month term and 3 years of post-release control.
- April 26, 2013 sentencing imposed 36 months; the court considered PSI and Victim Impact Statement; Toler and counsel urged community control; the court proceeded with imprisonment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court properly applied R.C. 2929.11 and 2929.12 | State contends the court considered and applied the statutes as required. | Toler argues the court failed to properly consider the sentencing factors under 2929.11 and 2929.12. | Yes; the court satisfied its duties under 2929.11 and 2929.12 and imposed a lawful sentence. |
Key Cases Cited
- State v. Pence, 2012-Ohio-1794 (3d Dist. Auglaize No. 2-11-18, 2012) (requires consideration of sentencing factors)
- State v. Fletcher, 2013-Ohio-3076 (3d Dist. Auglaize No. 2-13-02, 2013) (rotes sufficiency of consideration; not formulaic)
- State v. Patrick, 2011-Ohio-1592 (10th Dist. Franklin No. 10AP-26, 2011) (statutory considerations may be satisfied without certain language)
- State v. Arnett, 88 Ohio St.3d 208 (2000) (defining sentencing standards and review)
- State v. Snyder, 2013-Ohio-2046 (3d Dist. Seneca No. 13-12-38, 2013) (consideration of 2929.11/2929.12 factors)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (clear and convincing standard for appellate review)