State v. Bailey

Citations

• 2025 Ohio 5254

Syllabus

FELONY SENTENCING — R.C. 2929.13(B)(1)(a) — PRESUMPTION OF COMMUNITY CONTROL — R.C. 2953.08(G)(2) — IMPROPER CONSIDERATIONS: The presumption in favor of community control under R.C. 2929.13(B)(1)(a) did not apply to defendant's sentences where defendant was convicted of two fifth-degree felonies and, by its terms, R.C. 2929.13(B)(1)(a) applies only if the defendant is convicted of a single fourth- or fifth-degree felony. Defendant's argument that the record does not support the trial court's findings under R.C. 2929.11(B) and 2929.12(A) fails because an appellate court cannot vacate or modify a sentence under R.C. 2953.08(G)(2) based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12. The trial court properly considered defendant's possession of a machete during defendant's attempted burglary because that fact was relevant to the seriousness of the offense and defendant's conduct's impact on the victim.