2019 Ohio 2815
Ohio Ct. App.2019Background
- James Wofford pled guilty to one count of involuntary manslaughter (R.C. 2903.04(A), a first-degree felony) and an accompanying firearm specification (R.C. 2941.145 / 2929.14(B)(1)(a)(ii)).
- The trial court sentenced Wofford to 11 years for involuntary manslaughter and a consecutive mandatory 3-year term for the firearm specification.
- Wofford did not challenge the mandatory 3-year firearm-specification term.
- Wofford argued on appeal that he was eligible for community control on the involuntary-manslaughter conviction and that the trial court erred by not considering community control.
- The appellate court examined R.C. 2929.13(F)(8), which requires a prison term for offenses during which the offender had a firearm on or about the person or under control, as applied to the portion of a sentence tied to R.C. 2929.14(B)(1)(a).
- The court concluded that, because Wofford admitted committing the felony while having a firearm on or under his control, R.C. 2929.13(F)(8) mandated a prison sentence for the involuntary-manslaughter conviction, making him ineligible for community control.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wofford was eligible for community control for involuntary manslaughter despite pleading to a firearm specification | State: R.C. 2929.13(F)(8) requires prison when offense committed with a firearm; trial court properly imposed prison | Wofford: He was eligible for community control on the involuntary-manslaughter count and the court should have considered it | Court held Wofford was ineligible for community control because he admitted committing the felony while having a firearm on or under his control; prison was mandatory under R.C. 2929.13(F)(8) |
Key Cases Cited
- State v. Johnson, 880 N.E.2d 896 (Ohio 2008) (interpreting when R.C. 2929.13(F) requires a mandatory prison term)
- State v. Kinney, 105 N.E.3d 603 (Ohio Ct. App. 2018) (holding R.C. 2929.13(F)(6) requires prison when defendant has prior first- or second-degree felony conviction)
