State v. Rudolph

Citations

• 2023 Ohio 1040

Syllabus

Presumption of community-control sanctions R.C. 2929.13(B)(1)(a) R.C. 2929.13(B)(1)(b)(vii) position of trust financial investments plain error. Defendant did not show that trial court committed plain error in sentencing him to a prison sentence rather than community-control sanctions. Record was sufficient to conclude that defendant held a position of trust that facilitated theft offenses. Defendant's crimes related directly to his position as a purported financial investor, broker or advisor and were facilitated by that position. Because the application of R.C. 2929.13(B)(1)(b)(vii) was supported by the record, trial court had discretion to impose a term of imprisonment rather than community-control sanctions.