State v. Shelton

Citations

• 2025 Ohio 5527

Syllabus

Felony sentencing; maximum sentence; contrary to law; drive-by shooting; seriousness of offense; remorse; risk of recidivism; concurrent sentence; firearm specification; R.C. 2929.11; R.C. 2929.12; R.C. 2953.08(G)(2). Judgment affirmed. After appellant pled guilty to felonious assault with a one-year firearm specification, improper discharge of a firearm into a habitation, and attempted having a weapon while under disability, the trial court imposed concurrent terms of eight years on each second-degree felony and 18 months on the attempted weapon-under-disability count, plus a consecutive one-year firearm specification. The aggregate maximum state sentence was not clearly and convincingly contrary to law under R.C. 2953.08(G)(2) where the sentencing entries stated that the trial court had considered all required factors of law and found prison consistent with R.C. 2929.11. In addition, the sentencing transcript reflected the trial court's consideration of the seriousness of the drive-by shooting, appellant's lack of genuine remorse, and his risk of recidivism under R.C. 2929.12. An appellate tribunal lacks the authority to reweigh those factors or substitute its judgment for the trial court's assessments.