State v. Gilbreath

Citations

• 2019 Ohio 642

Syllabus

Pursuant to R.C. 2929.12(D)(2) and (3), the trial court was permitted to consider defendant's extensive juvenile record and apparent lack of rehabilitation when it imposed the maximum sentence for a conviction for a felony of the second degree. The Ohio Supreme Court's holding in State v. Hand, 149 Ohio St.3d 94, 2016-Ohio-5504, 73 N.E.3d 448, does not bar the trial court from considering a defendant's juvenile record when imposing a sentence within the applicable statutory range. The sentence imposed by the trial court is not clearly and convincingly unsupported by the record. Judgment affirmed.