State v. Branch

Citations

• 2022 Ohio 132

Syllabus

Maximum sentence, findings of fact, R.C. 2929.141, abuse of discretion, psychological evaluation. A trial court is not required to place findings of fact and conclusions of law on the record when imposing a maximum sentence where the trial court on the record and in its journal entry notes that it considered the required factors. The mere fact that the trial court emphasized certain facts and did not mention others, does not mean the trial court failed to consider relevant factors. Appellate court may only review the record before it. Where the record is silent as to an issue argued by appellant, the court is unable to review it. Finally, a trial court does not abuse its discretion when it fails to order a second psychological evaluation when the first psychological evaluation suggests appellant is malingering and appellant's multiple pro se filings and colloquy with the court display appellant's understanding of the proceedings and his ability to assist his attorney.