State v. Kijanski

Citations

• 2026 Ohio 1277

Syllabus

Consecutive sentences; R.C. 2929.11; R.C. 2929.12; R.C. 2929.14(C)(4); R.C. 2953.08(G)(2); multiple victims; proportionality; criminal history; mitigation evidence, mitigation report; presentence-investigation report; allocution; weapons under disability; felonious assault; discharge of firearm on or near prohibited premises; tampering with evidence. Judgment affirmed. The record supported the trial court's imposition of consecutive sentences after appellant pleaded guilty to discharge of firearm on or near prohibited premises, two counts of felonious assault involving two separate teenage victims, tampering with evidence, and having weapons while under disability. Review of a trial court's consecutive-sentence findings under R.C. 2953.08(G)(2) is highly deferential. Here the trial court made the required R.C. 2929.14(C)(4) findings, and the record supported those findings. Appellant shot two random victims, and the existence of multiple victims reasonably supported consecutive terms on the felonious-assault counts. In addition, his repeated weapons-related conduct, including both juvenile and adult criminal history, supported the finding that consecutive service was necessary to protect the public. The trial court did not err in rejecting appellant's reliance on mitigation evidence and arguments about consistency with similarly situated offenders. Such arguments are more appropriately raised with respect to findings under R.C. 2929.11 and 2929.12 rather than consecutive-sentence findings. Moreover, the trial court expressly considered the presentence-investigation report, the mitigation report, victim-impact statements, appellant's statements in allocution, and the arguments of counsel at the sentencing hearing but remained skeptical of his claimed blackout, remorse, and explanation for the shooting.