requisite sentencing factors (Ohio) · Go Syfert
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requisite sentencing factors in Ohio

7 Ohio opinions name it 1 courts 2014–2024 3 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
State v. Magallanesgreen
ohioctapp · 2014 · cited in 2 Ohio opinions naming this issue, 2021–2024
2 sentences

2024See also State v. Magallanes, 2014-Ohio-4878, ¶ 21 (3d Dist.) ("[a]lthough it is required to consider R.C. 2929.11 and 2929.12, the trial court is not required to use specific language regarding its consideration of those statutes"). {¶ 22} The record is clear that the trial court considered the requisite sentencing factors set forth in both R.C. 2929.11 and 2929.12 prior to issuing its sentencing decision in this case.

2021Putnam No. 12-14-02, 2014-Ohio-4878, ¶ 21 ("[a]lthough it is required to consider R.C. 2929.11 and 2929.12, the trial court is not required to use specific language regarding its consideration of those statutes"); see also State v. Jones, Slip Opinion No. 2020-Ohio-6729, ¶ 39 (R.C. 2953.08[G][2][b] "does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12"). {¶ 51} The record is clear that the trial court considered the requisite sentencing factors set forth in both R.C. 2929

22
State v. Fraziergreen
ohioctapp · 2004 · cited in 1 Ohio opinions naming this issue, 2024–2024
2 sentences

2024An abuse of discretion means more than a mere error of law or judgment; it implies that the trial court’s decision was unreasonable, arbitrary, or unconscionable.” State v. Frazier, 158 Ohio App.3d 407 , 2004-Ohio- 4506, 815 N.E.2d 1155, ¶ 15 (1st Dist.).

2024An abuse of discretion means more than a mere error of law or judgment; it implies that the trial court’s decision was unreasonable, arbitrary, or unconscionable.” State v. Frazier, 158 Ohio App.3d 407 , 2004-Ohio- 4506, 815 N.E.2d 1155, ¶ 15 (1st Dist.).

11
State v. Jones (Slip Opinion)green
ohio · 2020 · cited in 1 Ohio opinions naming this issue, 2021–2021
1 sentence

2021Putnam No. 12-14-02, 2014-Ohio-4878, ¶ 21 ("[a]lthough it is required to consider R.C. 2929.11 and 2929.12, the trial court is not required to use specific language regarding its consideration of those statutes"); see also State v. Jones, Slip Opinion No. 2020-Ohio-6729, ¶ 39 (R.C. 2953.08[G][2][b] "does not provide a basis for an appellate court to modify or vacate a sentence based on its view that the sentence is not supported by the record under R.C. 2929.11 and 2929.12"). {¶ 51} The record is clear that the trial court considered the requisite sentencing factors set forth in both R.C. 2929

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
State v. Marcum (Slip Opinion) green
ohio · 2016
2 sentences

2020Cuyahoga No. 104341, 2017-Ohio-533, ¶ 14 . {¶10} “[A]n appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if the appellate court finds by clear and convincing 3 evidence that the record does not support the sentence.” State v. Marcum, 146 Ohio St.3d 516 , 2016-Ohio-1002 , 59 N.E.3d 1231 , ¶ 23. {¶11} Fallon argues that “at sentencing the court did not adhere sufficiently to the requisite sentencing factors required by R.C. 2929.11 and R.C. 2929.12.” He contends that the court did not indicate it considered the R.C. 2929.11 statutory fact

2020Cuyahoga No. 104341, 2017-Ohio-533, ¶ 14 . {¶10} “[A]n appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if the appellate court finds by clear and convincing 3 evidence that the record does not support the sentence.” State v. Marcum, 146 Ohio St.3d 516 , 2016-Ohio-1002 , 59 N.E.3d 1231 , ¶ 23. {¶11} Fallon argues that “at sentencing the court did not adhere sufficiently to the requisite sentencing factors required by R.C. 2929.11 and R.C. 2929.12.” He contends that the court did not indicate it considered the R.C. 2929.11 statutory fact

22020–2020
State v. Price green
ohioctapp · 2017
1 sentence

2020Cuyahoga No. 104341, 2017-Ohio-533, ¶ 14 . {¶10} “[A]n appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if the appellate court finds by clear and convincing 3 evidence that the record does not support the sentence.” State v. Marcum, 146 Ohio St.3d 516 , 2016-Ohio-1002 , 59 N.E.3d 1231 , ¶ 23. {¶11} Fallon argues that “at sentencing the court did not adhere sufficiently to the requisite sentencing factors required by R.C. 2929.11 and R.C. 2929.12.” He contends that the court did not indicate it considered the R.C. 2929.11 statutory fact

12020–2020
State v. Hinton green
ohioctapp · 2015
1 sentence

2018The statute also permits the trial court to consider “any other factors that are relevant to achieving those purposes and principles of sentencing.” Id. {¶13} Our review of the sentencing hearing transcript demonstrates that the trial court considered the requisite sentencing factors pursuant to R.C. 2929.11.

12018–2018
Anders v. California green
scotus · 1967
2 sentences

2014The court noted that it had considered the requisite sentencing factors under R.C. 2929.11 and .12 and restated the advisements given during the sentencing hearing. {¶6} Christian filed a timely Notice of Appeal on May 24, 2013. {¶7} On September 20, 2013, appellate counsel filed Christian’s appellate brief, pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967).

2014The court noted that it had considered the requisite sentencing factors under R.C. 2929.11 and .12 and restated the advisements given during the sentencing hearing. {¶6} Christian filed a timely Notice of Appeal on May 24, 2013. {¶7} On September 20, 2013, appellate counsel filed Christian’s appellate brief, pursuant to Anders v. California, 386 U.S. 738 , 87 S.Ct. 1396 , 18 L.Ed.2d 493 (1967).

12014–2014

Statutes the citing opinions construe

OH § Ohio Rev. Code § 2929.11 (6) OH § Ohio Rev. Code § 2929.12 (5) OH § Ohio Rev. Code § 2929.14 (5) OH § Ohio Rev. Code § 2953.08 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 13 (2012–2026) OH 7 (2014–2024) WA 4 (2021–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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