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State v. Von Ward
2016 Ohio 5733
Ohio Ct. App.
2016
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Background

  • Appellant Cameron Von Ward admitted violating felony community control after pleading guilty to a municipal misdemeanor domestic-violence charge; trial court revoked community control and sentenced him to a total of 34 months' imprisonment.
  • At the November 10, 2015 hearing the court warned Von Ward that revocation could result in consecutive sentences totaling 34 months.
  • Original sentencing imposed multiple concurrent 17-month terms in 2012 CR 316 and concurrent 17-month terms in 2013 CR 125, but the two case-group sentences were ordered to run consecutively to each other (total 34 months) while concurrent to the municipal sentence.
  • At a December 28, 2015 re-sentencing the court corrected statutory maximum errors (some counts reduced from 17 to 12 months) but reaffirmed the consecutive-run decision, preserving the 34‑month total.
  • Von Ward appealed, claiming the court abused its discretion and the consecutive 34‑month sentence was excessive and unsupported by the record.

Issues

Issue Plaintiff's Argument (State) Defendant's Argument (Von Ward) Held
Whether consecutive felony sentences were properly imposed under R.C. 2929.14(C)(4) Trial court made required statutory findings on the record and reasonably found consecutive terms necessary to protect the public and to punish; findings supported by Von Ward’s criminal history and recent violent conduct Court's findings were cursory and unsupported; court failed to give adequate weight to mitigating facts (two years of prior compliance with community control, only minor traffic infractions, and that the revocation conduct was unrelated to felony conduct) Affirmed: record supports the R.C. 2929.14(C)(4) findings and sentence is not contrary to law; appellate reversal not warranted under R.C. 2953.08(G)(2)

Key Cases Cited

  • State v. Kalish, 120 Ohio St. 3d 23, 896 N.E.2d 124 (Ohio 2008) (previous two-step appellate review framework for felony sentences)
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Case Details

Case Name: State v. Von Ward
Court Name: Ohio Court of Appeals
Date Published: Sep 9, 2016
Citation: 2016 Ohio 5733
Docket Number: 2015-CA-42
Court Abbreviation: Ohio Ct. App.