State v. Polick, 655 N.E.2d 820 (Ohio Ct. App. 1995). · Go Syfert
State v. Polick, 655 N.E.2d 820 (Ohio Ct. App. 1995). Cases Citing This Book View Copy Cite
302 citation events (268 in the last 25 years) across 1 distinct court.
Strongest positive: State v. Quigley (ohioctapp, 2025-07-29)
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discussed Cited as authority (rule) State v. Quigley
Ohio Ct. App. · 2025 · confidence medium
Likewise, “[t]here is no requirement in R.C. 2929.12 that the trial court states on the record it has considered the statutory criteria concerning seriousness and recidivism or even discussed them.” Id., citing State v. Hayes, 2019-Ohio-1629, ¶ 49 (5th Dist.), citing State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995). {¶ 35} As we have previously observed, the “ ‘ “overriding purposes of felony sentencing are to protect the public from future crime and to punish the offender.” ’ ” J.L.H., 2019-Ohio 4999 at ¶ 6, quoting State v. Smith, 2015-Ohio-4225, ¶ 10 (3rd Dist.…
discussed Cited as authority (rule) State v. West
Ohio Ct. App. · 2022 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011-Ohio-5032 , ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶14} “Although the trial court must consider the purpo…
discussed Cited as authority (rule) State v. Collins
Ohio Ct. App. · 2022 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011-Ohio-5032 , ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶12} “Although the trial court must consider the purpo…
discussed Cited as authority (rule) State v. Criswell
Ohio Ct. App. · 2022 · confidence medium
“Meanwhile, R.C. 2929.11(B) states that felony sentences must be ‘commensurate with and not demeaning to the seriousness of the offender’s conduct and its impact upon the victim’ and also be consistent with sentences imposed in similar cases.” Id., quoting R.C. 2929.11(B). {¶11} “Although the trial court must consider the purposes and principles of felony sentencing set forth in R.C. 2929.11 * * * , the sentencing court is not required to ‘state on the record that it considered the statutory criteria or discuss[ed] them.’” Maggette at ¶ 32, quoting State v. Polick, 101 Ohio…
discussed Cited as authority (rule) State v. Carnicom
Ohio Ct. App. · 2022 · confidence medium
Seneca No. 13-16-06, 2016-Ohio-5554, ¶ 32 (“Although the trial court must consider the purposes and principles of felony sentencing set forth in R.C. 2929.11 and the sentencing factors listed in R.C. 2929.12, the sentencing court is not required to ‘state on the record that it considered the statutory criteria or discuss[ed] them.’”), quoting State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist.1995); Jones at ¶ 47 (Fischer, J., concurring).
cited Cited as authority (rule) State v. Stapleton
Ohio Ct. App. · 2021 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995).
discussed Cited as authority (rule) State v. Muhammad
Ohio Ct. App. · 2021 · confidence medium
No. 18CA10, 2019-Ohio-1629, ¶ 49 , citing State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist.1995). {¶ 28} As we have previously observed, the " ' "overriding purposes of felony sentencing are to protect the public from future crime and to punish the offender." ' " J.L.H., 2019-Ohio-4999 at ¶ 6 , quoting State v. Smith, 3d Dist.
discussed Cited as authority (rule) State v. Kreischer
Ohio Ct. App. · 2021 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) -22- Case No. 15-20-09 relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011- Ohio-5032, ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶41} “Although the trial court …
cited Cited as authority (rule) State v. Gannon
Ohio Ct. App. · 2021 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
discussed Cited as authority (rule) State v. Burk
Ohio Ct. App. · 2021 · confidence medium
Seneca No. 13-16-06, 2016-Ohio- 5554, ¶ 32, quoting State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist.1995). -8- Case Nos. 8-20-31 and 8-20-32 {¶16} By all accounts in this case, the trial court considered the appropriate statutory factors.
cited Cited as authority (rule) State v. Poff
Ohio Ct. App. · 2021 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
cited Cited as authority (rule) State v. Davis
Ohio Ct. App. · 2021 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
cited Cited as authority (rule) State v. Chears
Ohio Ct. App. · 2021 · confidence medium
Seneca No. 13- 16-06, 2016-Ohio-5554, ¶ 32 , quoting State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist.1995).
discussed Cited as authority (rule) State v. Clinchscales
Ohio Ct. App. · 2021 · confidence medium
Lucas No. L-10-1179, 2011-Ohio-5032 , ¶ 18, citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶9} “Although the trial court must consider the purposes and principles of felony sentencing set forth in R.C. 2929.11 and the sentencing factors listed in R.C. 2929.12, the sentencing court is not required to ‘state on the record that it considered the statutory criteria or discuss[ed] them.’” Maggette at ¶ 32, quoting State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist.1995).
discussed Cited as authority (rule) State v. Thomas
Ohio Ct. App. · 2020 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. -5- Case No. 9-19-89 2929.12(B)-(E) relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011-Ohio-5032 , ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶11} “Although the trial court mu…
cited Cited as authority (rule) State v. Harris
Ohio Ct. App. · 2020 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
discussed Cited as authority (rule) State v. Agnew
Ohio Ct. App. · 2020 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011- Ohio-5032, ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶11} “Although the trial court must consider the purpo…
discussed Cited as authority (rule) State v. Quickle
Ohio Ct. App. · 2020 · confidence medium
Lucas No. L-10-1179, 2011-Ohio-5032 , ¶ 18, citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000), State v. Fox, 69 Ohio St.3d 183, 193 , and R.C. 2929.12(B)(1). -5- Case No. 5-20-11 {¶10} “Although the trial court must consider the purposes and principles of felony sentencing set forth in R.C. 2929.11 and the sentencing factors listed in R.C. 2929.12, the sentencing court is not required to ‘state on the record that it considered the statutory criteria or discuss[ed] them.’” Maggette at ¶ 32, quoting State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist.1995).
cited Cited as authority (rule) State v. Andres
Ohio Ct. App. · 2020 · confidence medium
Seneca No. 13- 16-06, 2016-Ohio-5554, ¶ 32 , quoting State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist.1995).
cited Cited as authority (rule) State v. Eberhardt
Ohio Ct. App. · 2020 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
cited Cited as authority (rule) State v. Thomas
Ohio Ct. App. · 2020 · confidence medium
Seneca No. 13-16-06, 2016-Ohio-5554, ¶ 32 , quoting State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist.1995).
discussed Cited as authority (rule) State v. Woten
Ohio Ct. App. · 2020 · confidence medium
Lucas No. L-10-1179, 2011-Ohio-5032 , ¶ 18, citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). -8- Case No. 2-19-14 {¶17} “Although the trial court must consider the purposes and principles of felony sentencing set forth in R.C. 2929.11 and the sentencing factors listed in R.C. 2929.12, the sentencing court is not required to ‘state on the record that it considered the statutory criteria or discuss[ed] them.’” Maggette at ¶ 32, quoting State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist.1995).
cited Cited as authority (rule) State v. Ramey
Ohio Ct. App. · 2020 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
discussed Cited as authority (rule) State v. Graham
Ohio Ct. App. · 2020 · confidence medium
Although the trial court must consider the purposes and principles of felony sentencing set forth in R.C. 2929.11 and the sentencing factors listed in R.C. 2929.12, the sentencing court is not required to ‘state on the record that it considered the statutory criteria or discuss them.’ State v. Polick, 101 Ohio App.3d 428, 431 [ 655 N.E.2d 820 ] (4th Dist. 1995).
discussed Cited as authority (rule) State v. Thompson
Ohio Ct. App. · 2020 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011- Ohio-5032, ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶9} “Although the trial court must consider the purpos…
discussed Cited as authority (rule) State v. Wrasman
Ohio Ct. App. · 2019 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011- Ohio-5032, ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). -5- Case No. 8-19-36 {¶10} “Although the trial court mu…
discussed Cited as authority (rule) State v. J.L.H.
Ohio Ct. App. · 2019 · confidence medium
No. 18CA10, 2019-Ohio- 1629, ¶ 49, citing State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist.1995). {¶ 6} "R.C. 2929.11 provides, in pertinent part, that the 'overriding purposes of felony sentencing are to protect the public from future crime and to punish the offender.' " State v. Smith, 3d Dist.
discussed Cited as authority (rule) State v. Jones
Ohio Ct. App. · 2019 · confidence medium
Although the trial court must consider the purposes and principles of felony sentencing set forth in R.C. 2929.11 and the sentencing factors listed in R.C. 2929.12, the sentencing court is not required to ‘state on the record that it considered the statutory criteria or discuss[ed] them.’ State v. Polick, 101 Ohio App.3d 428, 431 [ 655 N.E.2d 820 ] (4th Dist. 1995).
cited Cited as authority (rule) State v. Wickham
Ohio Ct. App. · 2019 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
cited Cited as authority (rule) State v. Laubacher
Ohio Ct. App. · 2019 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
discussed Cited as authority (rule) State v. Fuentes
Ohio Ct. App. · 2019 · confidence medium
“In accordance with these -5- Case No. 9-18-41 principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011- Ohio-5032, ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶10} “Although the trial court mu…
discussed Cited as authority (rule) State v. Meeks
Ohio Ct. App. · 2019 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) -6- Case No. 8-19-24 relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011- Ohio-5032, ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶12} “Although the trial court mu…
cited Cited as authority (rule) State v. McVay
Ohio Ct. App. · 2019 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
cited Cited as authority (rule) State v. Luce
Ohio Ct. App. · 2019 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
discussed Cited as authority (rule) State v. Clay
Ohio Ct. App. · 2019 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011- Ohio-5032, ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶11} “Although the trial court must consider the purpo…
cited Cited as authority (rule) State v. Hayes
Ohio Ct. App. · 2019 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
discussed Cited as authority (rule) State v. Osting
Ohio Ct. App. · 2019 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.’” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011-Ohio-5032 , ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶11} “Although the trial court must consider the pu…
cited Cited as authority (rule) State v. Moyer
Ohio Ct. App. · 2019 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
discussed Cited as authority (rule) State v. Jacobs
Ohio Ct. App. · 2019 · confidence medium
Seneca No. 13-16-06, 2016-Ohio-5554, ¶ 32 , quoting State v. Polick, 101 Ohio App.3d 428, 431 , 655 N.E.2d 820, 822 (4th Dist.1995). {¶5} A “trial court has full discretion to impose any sentence within the authorized statutory range, and the court is not required to make any findings or give its reasons for imposing maximum or more than minimum sentences.” State v. Shreves, 2016-Ohio-7824 , 74 N.E.3d 765 , ¶ 14 (3d Dist.), quoting State v. King, 2d Dist.
cited Cited as authority (rule) State v. Gomez
Ohio Ct. App. · 2019 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
discussed Cited as authority (rule) State v. Linebaugh
Ohio Ct. App. · 2019 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011- Ohio-5032, ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶11} “Although the trial court must consider the purpo…
cited Cited as authority (rule) State v. Rose
Ohio Ct. App. · 2018 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
cited Cited as authority (rule) State v. Garcia
Ohio Ct. App. · 2018 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
cited Cited as authority (rule) State v. Atkinson
Ohio Ct. App. · 2018 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
discussed Cited as authority (rule) State v. Vanmeter
Ohio Ct. App. · 2018 · confidence medium
“In accordance with these principles, the trial court must consider the factors set forth in R.C. 2929.12(B)-(E) relating to the seriousness of the offender’s conduct and the likelihood of the offender’s recidivism.” Id., citing R.C. 2929.12(A). “‘A sentencing court has broad discretion to determine the relative weight to assign the sentencing factors in R.C. -5- Case No. 1-18-18 2929.12.” Id. at ¶ 15, quoting State v. Brimacombe, 195 Ohio App.3d 524 , 2011- Ohio-5032, ¶ 18 (6th Dist.), citing State v. Arnett, 88 Ohio St.3d 208, 215 (2000). {¶11} “Although the trial court mu…
cited Cited as authority (rule) State v. Bush
Ohio Ct. App. · 2018 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
cited Cited as authority (rule) State v. McAndrew
Ohio Ct. App. · 2017 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
cited Cited as authority (rule) State v. Taylor
Ohio Ct. App. · 2017 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
cited Cited as authority (rule) State v. Bradley
Ohio Ct. App. · 2017 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
cited Cited as authority (rule) State v. Amos-Camacho
Ohio Ct. App. · 2017 · confidence medium
State v. Polick, 101 Ohio App.3d 428, 431 (4th Dist. 1995); State v. Gant, 7th Dist.
Retrieving the full opinion text from the archive…
The STATE of Ohio, Appellee,
v.
POLICK, Appellant
No. 93CA839..
Ohio Court of Appeals.
Feb 27, 1995.
655 N.E.2d 820
James B. Grandey, for appellee. Hapner Hapner and Jon C. Hapner, for appellant.
Harsha, Abele, Stephenson.
Cited by 190 opinions  |  Published

Lead Opinion

Harsha, Presiding Judge.

LeRoy Polick, Jr. appeals from a judgment of conviction and sentence entered by the Highland County Court on his guilty plea. He raises two assignments of error:

“I. The trial court abused its discretions [sic] in failing to consider the sentencing criteria in R.C. 2929.22.

“II. The trial court erred in imposing fines when it imposed a maximum jail sentence, and such error was a violation of [R.C.] 2929.22(E) and an abuse of discretion.”

On November 1, 1993, appellant was arrested and charged with possession of drug paraphernalia, in violation of Greenfield City Code 513.02(B), operating a motor vehicle with a suspended operator’s license, in violation of R.C. 4507.02(D)(2), and possession of marijuana, in violation of Greenfield City Code 513.01.

At his arraignment, appellant waived his right to counsel and pleaded guilty to all charges. The court then sentenced appellant to a $100 fine for the charge of possession of marijuana, a $500 fine, thirty days in jail, and a three-year license suspension for driving under suspension, and six months in jail and a $1,000 fine on the charge of possession of drug paraphernalia.

In his first assignment of error, appellant contends that the trial court failed to consider the sentencing criteria of R.C. 2929.22. Appellant contends that he should not have been sentenced to jail time or should have been given probation. The trial court has broad discretion when sentencing a defendant.[*431] Columbus v. Jones (1987), 39 Ohio App.3d 87, 88, 529 N.E.2d 947, 948-949; State v. Poole (Apr. 14, 1994), Adams App. No. 563, unreported, 1994 WL 146829. Thus, when we consider acclaim that the trial court erred in imposing a particular sentence, we must determine whether the trial court abused its discretion. An abuse of discretion involves more than an error of judgment; it connotes an' attitude on the part of the court that is unreasonable, unconscionable, or arbitrary. Franklin Cty. Sheriff's Dept. v. State Emp. Relations Bd. (1992), 63 Ohio St.3d 498, 506, 589 N.E.2d 24, 30-31; Wilmington Steel Products, Inc. v. Cleve. Elec. Illum. Co. (1991), 60 Ohio St.3d 120, 122, 573 N.E.2d 622, 624-625. When applying the abuse of discretion standard, a reviewing court is not free to merely substitute its judgment for that of the trial court. In re Jane Doe 1 (1991), 57 Ohio St.3d 135, 138, 566 N.E.2d 1181, 1184-1185, citing Berk v. Matthews (1990), 53 Ohio St.3d 161, 169, 559 N.E.2d 1301, 1308-1309.

Generally, an appellate court will not reverse a trial court’s exercise of discretion if the sentence imposed is within the statutory limit and the trial court considered the statutory criteria. State v. Tutt (1988), 44 Ohio App.3d 138, 139, 541 N.E.2d 1090, 1091-1092. Although none of the statutory criteria absolutely mandate a certain result and the court may consider other relevant matter in sentencing a defendant on a misdemeanor, the court must consider the factors set forth in R.C. 2929.22. State v. Wagner (1992), 80 Ohio App.3d 88, 95, 608 N.E.2d 852, 856-857; State v. Pump (June 22, 1994), Ross App. No. 93CA1968, unreported, 1994 WL 274440. While it is preferable, there is no requirement that the court state on the record that it has considered the statutory criteria or discuss them. State v. Hill (Aug. 5, 1994), Washington App. No. 93CA35, unreported, 1994 WL 419985. A silent record raises the presumption that the trial court correctly considered the appropriate sentencing criteria. State v. Adams (1988), 37 Ohio St.3d 295, 525 N.E.2d 1361, paragraph three of the syllabus; State v. Cyrus (1992), 63 Ohio St.3d 164, 166, 586 N.E.2d 94, 95-96.

R.C. 2929.22 governs sentencing for misdemeanors and provides that the criteria listed in R.C. 2929.12(C) be considered against imposing imprisonment for a misdemeanor. R.C. 2929.22(C). The record does not contain any indication that the trial court failed to consider the statutory criteria, and we therefore presume the court acted properly. Adams, supra. Appellant’s first assignment of error is overruled.

In his second assignment of error, appellant argues that the trial court erred by imposing both a jail sentence and a fine for the driving under suspension and possession of drug paraphernalia. As noted above, a trial court generally has broad discretion in sentencing within the statutory guidelines. Jones and Poole, supra.

[*432] R.C. 2929.22 provides:

“(E) The court shall not impose a fíne in addition to imprisonment for a misdemeanor, unless a fine is specially adapted to deterrence of the offense or the correction of the offender, the offense has proximately resulted in physical harm to the person or property of another, or the offense was committed for hire or for purpose of gain.

“(F) The court shall not impose a fine or fines which, in the aggregate and to the extent not suspended by the court, exceeds the amount which the offender is or will be able to pay by the method and within the time allowed without undue hardship to himself or his dependents, or will prevent him from making restitution or reparation to the victim of his offense.”

When the trial court fails to consider whether a defendant will be able to pay an imposed fine without undue hardship as required by R.C. 2929.22(F), the court abuses its discretion. State v. Stevens (1992), 78 Ohio App.3d 847, 851, 606 N.E.2d 970, 972-973. The record here indicates that the court did not inquire about appellant’s ability to pay, nor would the court allow appellant to enroll in a work program to work off the fine because he was indigent.

Contrary to the presumption afforded the trial court on a silent record under R.C. 2929.22(C) and 2929.12(C), we believe R.C. 2929.22(E) and (F) impose an affirmative duty upon the court to justify its decision to impose both a fine and imprisonment for a misdemeanor. Subsection (E) restricts application of both sanctions to situations where certain factual conditions exist. Subsection (F) also relates to the factual existence of the ability to pay. Without some inquiry and/or explanation, however brief, we are unable to effectively review the court’s decision. We acknowledge the court’s3 grant of six months to pay the initial $100 fine, however, the court went on to assess an additional $1,500 in fines without further inquiry. Because the statute evidences a predisposition against both fines and imprisonment in misdemeanor cases, we cannot say that a silent record creates the presumption that the court proceeded correctly. Thus, appellant’s second assignment of error is sustained. This matter is remanded to the trial court solely to reconsider the fine portion of appellant’s sentences in light of the statutory criteria.

Judgment affirmed in part, reversed in part and cause remanded.

Peter B. Abele, P.J., concurs. Stephenson, J., concurs separately.

Concurrence

[*433] Stephenson, Judge,

concurring.

I concur in the majority judgment and opinion with regard to the first assignment of error. I also concur in the majority judgment insofar as it sustains the second assignment of error and remands this action for further consideration. However, I do so on the basis that my review of the transcript shows no indication that the lower court ever inquired as to whether the fines imposed below “exceeds the amount which the offender is or will be able to pay * * * without undue hardship to himself or his dependents,” as required by R.C. 2929.22(F).