State v. Wheeler
2015 Ohio 3768
Ohio Ct. App.2015Background
- In 1994, Ronald Wheeler committed two separate rapes at gunpoint; rape kits were collected but the case remained unsolved until DNA testing in 2012 identified Wheeler via CODIS in 2014.
- Wheeler was indicted in 2014 on multiple counts and pled guilty in December 2014 to an amended indictment charging two counts of rape (R.C. 2907.02(A)(2)); remaining counts were nolled.
- At sentencing the trial court applied H.B. 86 (effective 2011) and imposed consecutive 11-year terms on each rape count (total 22 years), plus notification of five years mandatory postrelease control and sexual-predator classification under H.B. 180.
- The parties disputed whether Wheeler should be sentenced under the sentencing law in effect at the time of the offenses (pre-S.B. 2, with indefinite terms) or under the statutes in effect at sentencing (S.B. 2/H.B. 86, definite terms).
- The State appealed, arguing Wheeler should have been sentenced under the pre-1996 law; the Eighth District declined to depart from its prior precedent and affirmed the sentence under H.B. 86.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant must be sentenced under sentencing law in effect at time of offense (pre-S.B. 2) or under law in effect at sentencing (S.B. 2 / H.B. 86) | State: Offenses occurred in 1994, so pre-1996 indefinite-term sentencing should control | Wheeler: Sentencing law in effect at time of sentencing (H.B. 86) applies | Court: Followed Eighth District precedent — apply H.B. 86 in effect at sentencing |
Key Cases Cited
- State v. Jackson, 142 Ohio St.3d 1465, 2015-Ohio-1896, 30 N.E.3d 974 (Ohio Supreme Court disposition referencing Eighth Dist. analysis affirming application of sentencing law in effect at sentencing)