State v. Jones

Citations

• 2025 Ohio 4317

Syllabus

CRIMINAL-VOIR DIRE-CRIM.R. 24(C)-CRIM.R. 52(B)-MAXIMUM SENTENCE-R.C. 2921.331(B)-FAILURE TO COMPLY WITH ORDER OR SIGNAL OF POLICE OFFICER - Speculation that outcome of trial would have been different had the trial court or defense attorney advised prospective jurors during voir dire of the name of offense for which defendant was being tried or had the court or defense counsel provided factual context of the underlying charge does not support reversal under plain error doctrine where overwhelming evidence supported defendant's conviction for R.C. 2921.331(B), Failure to Comply with Order or Signal of Police Officer; the same presumption that applies to R.C. 2911 and R.C. 2929.12 should also apply to the sentencing factors under R.C. 2921.331(C)(5)(b), that unless the record shows that the court failed to consider the factors or the sentence is strikingly inconsistent with the facts, the court is presumed to have considered the statutory factors if the sentence is within the statutory range; thus Appellant's maximum sentence of 36 months for Failure to Comply with Order or Signal of Police Officer was not disproportionate and contrary to law even though the trial court did not specifically reference the R.C. 2921.331(C)(5)(b) factors at the sentencing hearing or in the sentencing entry.