State v. Poveda

Citations

• 2025 Ohio 1075

Syllabus

SENTENCING — R.C. 2953.08 — R.C. 2929.12 — IMMIGRATION STATUS: An appellate court cannot vacate or modify a sentence under R.C. 2953.08(G)(2)(b) based on its view that the imposed sentence is not supported by the record under R.C. 2929.11 and 2929.12. Pursuant to R.C. 2929.12(B), the trial court properly considered whether the offender's conduct constituted the worst form of the offense. Where the offender's immigration status was one of many considerations that the trial court relied on when imposing a maximum sentence, the court did not err in considering the immigration status under R.C. 2929.12.