State v. White, 2014 Ohio 4153

Appellant Shannon L. White was indicted Jan 9, 2013 for two counts of unlawful sexual conduct with a minor (3rd degree).
Plea negotiations amended the indictment to two counts of endangering children (2nd degree) to avoid Tier II sex-offender designation.
Written plea agreement: White would plead to endangering children; superseding Bill of Information amended the charges; state would recommend two-year term.
Change-of-plea hearing Aug 27, 2013; court accepted plea; victim exposed to Appellant's STDs and hospitalized; prior relationship with the victim was noted.
Trial court sentenced White to three years on each count, concurrent; appeal raised ineffective assistance of counsel and sentencing challenges.
Court affirmed judgment, rejecting both the ineffective-assistance and sentencing challenges.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Effect of indictment amendment to a higher degree charge	White argues counsel erred; Crim.R. 7(D) violation; ineffective assistance.	State argues Rohrbaugh allows negotiated plea despite amendment; error invited, not reversible.	No reversible error; Rohrbaugh controls; no ineffective assistance.
Whether the three-year sentence was an abuse of discretion	Sentence improperly weighs unsupported factors.	Factors (relationship and STD exposure) properly supported sentence.	No abuse of discretion; sentence affirmed.

State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (two-step review of sentencing under Kalish/Foster framework)
State v. Mathis, 109 Ohio St.3d 54 (2006-Ohio-855) (mandatory sentencing-factor framework for review)
State v. Davis, 121 Ohio St.3d 239 (2008-Ohio-4537) (Crim.R. 7(D) amendment limits; Davis doctrine)
State v. Rohrbaugh, 126 Ohio St.3d 421 (2010-Ohio-3286) (plea to a modified charge not reversible when bargained for)
State v. James, 7th Dist. No. 07 CO 47 (2009-Ohio-4392) (silent record presumes consideration of sentencing factors)