State v. Grant

111 N.E.3d 791, 2018 Ohio 1759
CourtCourt of Appeals of Ohio, Eighth District, Cuyahoga County
DecidedMay 3, 2018
DocketNo. 104918
StatusPublished
Cited by38 cases

This text of 111 N.E.3d 791 (State v. Grant) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Eighth District, Cuyahoga County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Grant, 111 N.E.3d 791, 2018 Ohio 1759 (Ohio Super. Ct. 2018).

Opinion

SEAN C. GALLAGHER, J.:

{¶ 1} Appellant Anthony Grant appeals the sentence imposed in three underlying cases, Cuyahoga C.P. Nos. CR-15-598262-A, CR-15-598310-A, and CR-15-599943-A, as well as the imposition of court costs. Upon review, we affirm.

Background

{¶ 2} Appellant was indicted and charged on multiple counts in each of the three underlying cases. He ultimately entered *794a plea agreement with the state and pleaded guilty to the following charges: in CR-15-598262-A, involuntary manslaughter in violation of R.C. 2903.03 with a three-year firearm specification; in CR-15-598310-A, attempted aggravated robbery in violation of R.C. 2911.01 with a one-year firearm specification; and in CR-15-599943-A, to the indictment as charged, which included two counts of having weapons while under disability and one count of carrying a concealed weapon, each with a forfeiture of weapon specification.

{¶ 3} With regard to the first two cases, CR-15-598262-A and CR-15-598310-A, there was an agreement to a sentencing range for the two offenses in the aggregate to a term of between 6 and 20 years, which is down from the maximum of up to 26 years. There was no agreement to a sentence in CR-15-599943-A, which was to be in addition to the other two cases.

{¶ 4} At sentencing, the trial court indicated it had reviewed the presentence investigation report and appellant's sentencing memorandum. The trial court heard from defense counsel, appellant, persons on appellant's behalf, members of the victims' families, and the assistant prosecutor. The trial court indicated it had considered all the information presented, all the principles and purposes of felony sentencing, and the appropriate recidivism and seriousness factors. The trial court reviewed appellant's criminal history, including his juvenile record. Further, the trial court considered the plea agreement and made the requisite findings for consecutive sentences.

{¶ 5} The trial court sentenced appellant as follows.

{¶ 6} In CR-15-598262-A, to eight years in prison for involuntary manslaughter, plus three years on the firearm specification to run prior to and consecutive with the eight-year sentence, for a total of 11 years.

{¶ 7} In CR-15-598310-A, to eight years in prison for attempted aggravated robbery, plus one year on the firearm specification to run prior to and consecutive with the eight-year sentence, for a total of nine years.

{¶ 8} In CR-15-599943-A, to 18 months in prison on each of the three counts, to run concurrent to each other.

{¶ 9} The trial court ordered the sentences in CR-15-598262-A and CR-15-598310-A to run consecutive to each other for an aggregate sentence of 20 years. The cases were also run consecutive with CR-15-599943-A, for a total of 21 and one-half years. The court imposed postrelease control and also found appellant responsible for court costs.

{¶ 10} Appellant timely filed this appeal.

Law and Analysis

R.C. 2953.08(D)(1) Reviewability-CR-15-598262-A and CR-15-598310-A

{¶ 11} Before reaching the assignments of error, we must first determine the reviewability of the sentence imposed in two of the underlying cases, CR-15-598262-A and CR-15-598310-A. In these two cases, there was an agreement to an aggregate sentence of 6 to 20 years, which is below the statutory maximum of 26 years. The trial court imposed an aggregate sentence of 20 years.

{¶ 12} R.C. 2953.08(D)(1) limits our ability to review an agreed sentence. R.C. 2953.08(D)(1) states:

A sentence imposed upon a defendant is not subject to review under this section if the sentence is authorized by law, has been recommended jointly by the defendant and the prosecution in the case, and is imposed by a sentencing judge.

*795{¶ 13} The initial question we must answer is whether an agreement to a sentencing range, as opposed to a specific term of incarceration, is a jointly recommended sentence for purposes of R.C. 2953.08(D)(1).

Jointly Recommended Sentencing Range

{¶ 14} Examining some basic realities from our current criminal justice system helps resolve the above question.

{¶ 15} As the number of trials has reduced over the past decade, criminal practitioners on both sides have increasingly turned their focus to sentencing proceedings. The uncertainty over what sentence a particular offender might receive has created a negotiation process involving sentencing that now rivals the efforts put into securing a plea. This effort is made for good reason.

{¶ 16} In cases involving serious crimes where guilt is found or admitted, consecutive sentencing is often in play. Defendants may wish to limit their potential exposure. Conversely, the state seeks to ensure the sentence will satisfy the victim or the prosecutor's sense of justice for the community as a whole. Sentences can vary widely. A mutual agreement on sentencing can be beneficial to both sides.

{¶ 17} Nevertheless, even where an agreement on sentencing can be reached between the parties, trial judges are sometimes reluctant to be bound by a specific number on a specific sentence agreed to by the parties at the time of the plea. Judges may have concerns about what a presentence investigation report may reveal or what may later be said during a sentencing hearing that may sway the judge's decision. Judges often prefer to retain sentencing discretion, and curbing or limiting their discretion is not something easily accomplished. For this reason, judges may reject agreed sentences involving a specific term. This has given way to the rise of agreed sentencing ranges, which create the needed flexibility for the parties to negotiate a resolution but allow the judge to retain discretion to impose a fair and just sentence within acceptable and agreed to parameters.

{¶ 18} Range agreements are no different than specific term agreements; they are both negotiated agreements based on a quid pro quo arrangement where each side gives up something in exchange for being bound by the terms of the agreement. Under either scenario, the defendant can "cap" or limit his exposure. When an agreed range is involved, the state is ensured the sentence will fall within the agreed range and the defendant is ensured the sentence will not exceed it. We cannot permit a defendant to agree to a term of imprisonment, whether expressed specifically or within a range, in exchange for lesser charges or having some charges dismissed, only to turn around and challenge that very agreement on appeal. Such practice would only serve to undermine the state's incentive to enter plea agreements in the first place.

{¶ 19} Thus, whether the joint recommendation is to a range or a specific term, the sentence is not reviewable. Other districts agree. So long as the sentence imposed within a jointly recommended sentencing range is authorized by law, the sentence is not reviewable on appeal. R.C. 2953.08(D)(1). See State v. Ramsey , 5th Dist. Licking No. 16-CA-91, 2017-Ohio-4398, 2017 WL 2644852, ¶ 15-17 ; State v. Essinger , 2d Dist. Montgomery No.

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Cite This Page — Counsel Stack

Bluebook (online)
111 N.E.3d 791, 2018 Ohio 1759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-grant-ohctapp8cuyahog-2018.