State v. Carney

Citations

• 2017 Ohio 8585

Syllabus

WEAPONS UNDER DISABILITY - EVIDENCE - JUVENILE ADJUDICATION - SENTENCING: A juvenile adjudication can constitute the disability upon which defendant's having-weapons-under-a-disability conviction is based. (State v. Carnes, 2016-Ohio-8019, 75 N.E.3d 774 (1st Dist.), State v. McCray, 1st Dist. Hamilton No. C-160272, 2017-Ohio-2996, and State v. Barfield, 1st Dist. Hamilton No. C-160678, 2017-Ohio-8243, followed.) [But see DISSENT: If a juvenile adjudication is not reliable enough to enhance a criminal sentence, it is not sufficiently reliable to alone sustain proof beyond a reasonable doubt of an element of a crime.] Defendant failed to meet his burden to show that the trial court acted vindictively in sentencing him because he rejected a plea bargain where the record shows that the trial court referenced the rejected plea bargain only in a discussion about the performance of defendant's counsel, it did not discuss plea bargaining at sentencing, it considered the serious nature of the charges and defendant's criminal history, and it listened to defendant and his family members at sentencing. The trial court did not err in considering defendant's juvenile adjudication in determining whether consecutive sentences were appropriate. (State v. Bromagen, 1st Dist. Hamilton No. C-120148, 2012-Ohio-5757, followed.)