State v. Turner
2017 Ohio 1314
Ohio Ct. App.2017Background
- Jeffery Turner was indicted on aggravated burglary, burglary, and retaliation; he pleaded guilty to retaliation in exchange for dismissal of other counts.
- The trial court imposed three years of community control with a sentencing entry warning that a violation would result in a 36-month prison term.
- Weeks later Turner was charged in municipal court with trespass/disorderly conduct and obstructing official business; he pleaded no contest to those charges.
- Turner admitted the community-control violations at a January 19, 2016 hearing; the trial court revoked community control and sentenced him to 36 months imprisonment, crediting 244 days served.
- Turner appealed, arguing the trial court abused its discretion by imposing the maximum sentence despite mitigating circumstances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether imposing the 36‑month maximum sentence for a community-control violation was an abuse of discretion | State: Sentence within statutory range and proper given Turner’s record and prior admonition | Turner: Maximum sentence was excessive given mitigating circumstances | Court affirmed: sentence within statutory range, presumed compliance with sentencing statutes, not contrary to law |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (2016) (appellate review of felony sentences limited to whether record lacks statutory findings or sentence is contrary to law)
- Cross v. Ledford, 161 Ohio St. 469 (1954) (definition of clear and convincing evidence)
- State v. Foster, 109 Ohio St.3d 1 (2006) (trial courts have discretion to impose any sentence within statutory range without detailed findings)
- State v. Kalish, 120 Ohio St.3d 23 (2008) (presumption that trial court considered R.C. 2929.11 and 2929.12 when sentence is within statutory range)