State v. Gibson

Citations

• 2017 Ohio 6995

Syllabus

The prosecutor did not breach a plea agreement by remaining silent at sentencing rather than orally recommending community control for the appellant. The prosecutor recommended community control in the written plea agreement itself, and the terms of the agreement did not obligate the prosecutor to repeat that recommendation at sentencing. In addition, the appellant did not object to the prosecutor's silence at sentencing and cannot demonstrate plain error where the plea agreement was memorialized in the record and recited in the PSI report, which the trial court reviewed prior to sentencing. Finally, the appellant's 11-month prison sentence is not contrary to law. Judgment affirmed.