State v. White
2013 Ohio 4225
| Ohio Ct. App. | 2013Background
- Defendant Kendall White punched Brandy Moore at a McDonald’s after she refused him a ride, causing a broken nose, fractured eye-socket bone, and other injuries; victim required surgery and may need another.
- White pleaded guilty to felonious assault (a second-degree felony).
- At sentencing the court heard mitigation about White’s psychological problems and remorse, but emphasized his 30+ year criminal history and repeated violent conduct.
- The trial court imposed a six-year prison term within the statutory range.
- White appealed, arguing the sentence was excessive and the trial court abused its discretion by not giving adequate weight to mitigating factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard of appellate review for felony sentences | State: apply statutory standard in R.C. 2953.08(G)(2) | White: appellate review should be abuse-of-discretion (Kalish two-step) | Court: apply R.C. 2953.08(G)(2); Kalish plurality is not controlling after H.B. 86 and Ice |
| Whether sentence is clearly and convincingly contrary to law | N/A (State defended sentence) | White: sentence excessive; court failed to adequately weigh mitigation (remorse, plea, no weapon, mental-health needs) | Court: not clearly and convincingly contrary to law; sentence within range and court considered statutory factors |
Key Cases Cited
- State v. Kalish, 896 N.E.2d 124 (Ohio 2008) (plurality articulating two-step abuse-of-discretion review for felony sentences)
- State v. Foster, 845 N.E.2d 470 (Ohio 2006) (struck down statutory sentencing findings as unconstitutional)
- Oregon v. Ice, 129 S.Ct. 711 (U.S. 2009) (upheld judicial fact-finding prerequisite for consecutive sentences)
- State v. Hodge, 941 N.E.2d 768 (Ohio 2010) (recognized legislature could reenact consecutive-sentence finding requirements)