State v. Wise, 2017 Ohio 7502

On November 4, 2015, an anonymous caller reported a bomb threat at Bridgeport Elementary School; the school was evacuated and no bomb was found.
Danny Lee Wise, Jr. was arrested and indicted by a Belmont County grand jury for inducing panic, a second-degree felony under R.C. 2917.31(A)(1)(C)(5).
Wise initially pled not guilty but later pleaded guilty pursuant to a plea agreement in which the State agreed to recommend less-than-maximum prison time; the court informed Wise that it was not bound by the recommendation.
The trial court ordered a presentence investigation, considered statutory sentencing factors, and sentenced Wise to the maximum permitted term of eight years.
Wise appealed solely arguing the trial court erred by imposing the maximum sentence despite the plea agreement and mitigating circumstances (nonviolent conduct, remorse, plea saved trial expense, state and defense recommendations).
The Seventh District affirmed, holding the sentence was within the statutory range, the court had properly warned Wise the recommendation was not binding, and the court’s findings (criminal history, community harm, failure to respond to sanctions) supported the maximum term.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by imposing a maximum (8-year) sentence	State: Sentence is within statutory range and court considered statutory factors	Wise: Maximum sentence was excessive given nonviolent offense, remorse, plea, and prosecutor/defense recommendations	Affirmed — sentence within statutory range; court properly warned plea was only a recommendation and made adequate findings supporting maximum term

State v. Marcum, 146 Ohio St.3d 516 (Ohio 2016) (standard for appellate review of felony sentences and when sentence will be reversed)