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State v. Williams
2017 Ohio 1002
| Ohio Ct. App. | 2017
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Background

  • Defendant Charunz Williams pleaded guilty to: one count of engaging in a pattern of corrupt activity (felony 2), two counts of grand theft of a motor vehicle (felonies 4), and four counts of breaking and entering (felonies 5).
  • Sentenced to an aggregate nine-year prison term (concurrent and consecutive terms as imposed).
  • Court ordered restitution of $66,698 and statutory "triple" fines of $200,094 under R.C. 2923.32(B)(2)(a).
  • Williams challenged (1) the length/consecutive nature of his sentence and (2) imposition of restitution and fines as unsupported by the record regarding his ability to pay.
  • Trial court relied on Williams’s extensive criminal history (28 convictions over 33 years, 19 felonies), the need to protect the public, and the victims’ losses when imposing sentence and financial sanctions.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the nine-year consecutive sentence was improper State defended sentence as supported by statutory sentencing factors and defendant’s record Williams argued court failed to properly weigh R.C. 2929.11/2929.12 factors and sentence was disproportionate (noting co-defendant got 3 years) Affirmed — record supports court’s consideration of factors; prior record justified greater term
Whether court erred in imposing restitution of $66,698 State presented an exhibit calculating victims’ losses and asked for restitution Williams argued inability to pay now or in future (age, limited education, criminal record) Affirmed — restitution amount supported by record; court considered future ability to work
Whether court erred in imposing $200,094 in fines (tripling statute) State relied on R.C. 2923.32(B)(2)(a) authority to triple fines for RICO-type activity Williams contended fines were excessive given inability to pay Affirmed — fine authorized by statute; court considered ability to pay; defendant waived some challenge by not objecting at sentencing
Whether sentencing required specific judicial factfinding under R.C. 2929.11/2929.12 State argued court only needed to consider statutory factors, not make detailed findings Williams argued trial court failed to properly weigh/consider those factors Affirmed — Ohio caselaw requires consideration, not specific findings; court’s statements show factors were considered

Key Cases Cited

  • State v. Foster, 109 Ohio St.3d 1 (Ohio 2006) (courts must consider R.C. 2929.11 and R.C. 2929.12 factors but judicial factfinding to impose sentence is not required)
  • State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (appellate review under R.C. 2953.08(G)(2) requires clear-and-convincing standard to disturb sentences)
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Case Details

Case Name: State v. Williams
Court Name: Ohio Court of Appeals
Date Published: Mar 20, 2017
Citation: 2017 Ohio 1002
Docket Number: 2016-L-050
Court Abbreviation: Ohio Ct. App.