State v. Maines

Citations

• 2020 Ohio 5620

Syllabus

Felony sentencing R.C. 2953.08(G)(2) contrary to law purposes and principles of sentencing R.C. 2929.11 sentencing factors R.C. 2929.12 mental illness sentence clearly and convincingly not supported by the record. Defendant's sentence was not contrary to law. Trial court complied with its obligations under R.C. 2929.11 and 2929.12 to consider the principles and purposes of sentencing and relevant sentencing factors when sentencing defendant. Trial court expressly stated in its sentencing journal entry that it had \considered all required factors of the law\ and \finds that prison is consistent with the purpose of R.C. 2929.11.\ Further, although it was not required to do so, trial court explained its rationale for imposing a prison sentence at the sentencing hearing. Defendant did not show that the record clearly and convincingly did not support trial court's imposition of a six-year prison sentence. Although defendant's mental illness was one relevant factor to be considered in determining an appropriate sentence, there were others the trial court was required to consider as well, including, the economic and emotional harm sustained by the victims, the fact that defendant committed the offense while on postrelease control, defendant's lengthy history of similar criminal offenses and defendant's unfavorable response to sanctions imposed for prior offenses. Given the nature of defendant's conduct, the extent of his criminal history and the high risk of recidivism, defendant's six-year prison sentence was not clearly and convincingly unsupported by the record.