Notes of Decisions
State v. Jones (Slip Opinion), 2020-Ohio-6729, 169 N.E.3d 649.
· cites it 61× “08(G)(2)(a) does not provide a basis for an appellate court to modify or vacate a sentence based on the lack of record support for the trial court’s findings made under R.C. 2929.11 and 2929.12—R.C. 2953.08(G)(2)(b) does not provide a basis for an appellate court to modify or…”
State v. Gwynne (Slip Opinion), 2019-Ohio-4761, 141 N.E.3d 169.
· cites it 51× “] Criminal law—State forfeits the right to argue that a court of appeals is barred from reviewing a sentencing appeal when the state does not timely invoke a defendant’s appeal waiver—R.C. 2929.11 and 2929.12 have no application to consecutive-sentencing review in a court of…”
State v. Bryant, 2022-Ohio-1878, 198 N.E.3d 68.
· cites it 28× “He argues that although trial courts have a great deal of discretion in fashioning sentences, ultimately, they are constrained by the sentencing factors in R.C. 2929.11 and 2929.12, none of which allow a court to consider a defendant’s show of disrespect toward a court when it…”
State v. Belton (Slip Opinion), 2016-Ohio-1581, 74 N.E.3d 319.
· cites it 16× “2, Belton contends that his death sentence is unconstitutional because the 2011 amendment to R.C. 2929.11 “effectively repealed Ohio’s death penalty.”
State v. Russell, 2020-Ohio-3243.
· cites it 34× “As to the purposes and principles of felony sentencing set forth in R.C. 2929.11, the trial court stated as follows: {¶26} “I’ve considered the applicable statutes, that being 2929.”
State v. Foster, 845 N.E.2d 470 (Ohio 2006).
· cites it 10× “Statutory “Considerations” in Every Case: R.C. 2929.11 and 2929.12 {¶ 36} Two statutory sections apply as a general judicial guide for every sentencing.”
State v. Toles (Slip Opinion), 2021-Ohio-3531, 186 N.E.3d 784.
· cites it 17× “08(G)(2)(b), 2020-Ohio-4267, at ¶ 40 , but that it could not consider whether the record supported the findings made by the trial court and the sentence imposed under R.C. 2929.11 and 2929.12, 2020-Ohio-4267, at ¶ 39 .”
State v. Roberts, 2017-Ohio-9014, 101 N.E.3d 1067.
· cites it 32× “Until the legislature or the Supreme Court of Ohio steps in with a more definitive review process that ensures consistency, we should continue to adhere to the unambiguous language of R.C. 2953.08(G). As the dissent notes, although there may have been an intent under Am.”
State v. Dinka, 2019-Ohio-4209.
· cites it 14× “- 11 - Warren CA2019-03-022 CA2019-03-026 {¶ 35} In his first assignment of error, appellant argues the trial court erred when it imposed a 12-month prison term without considering "all of the statutory factors" set forth R.”
State v. Franklin, 2019-Ohio-3760.
· cites it 25× “The findings made by the trial court in support of the defendant’s length of sentence pursuant to R.C. 2929.11 and 2929.12 clearly and convincingly lack support in the record.”
State v. Leopard, 2011-Ohio-3864, 957 N.E.2d 55.
· cites it 20× “Third, he asserts that the trial court abused its discretion by imposing more than minimum and consecutive sentences. {¶ 7} When reviewing felony sentences, an appellate court must first determine whether the sentencing court complied with all applicable rules and statutes in…”
State v. D-Bey, 2021-Ohio-60.
· cites it 21× “The court finds that prison is consistent with the purpose of R.C. 2929.11.” Although the trial court imposed concurrent sentences at the sentencing hearing, in its sentencing journal entry, the trial court indicated that the sentences were to be served consecutively.”
Ohio Rev. Code § 2929.11(2)(a): 1 case
Ohio Rev. Code § 2929.11(A): 1234 cases
State v. Belton (Slip Opinion), 2016-Ohio-1581, 74 N.E.3d 319.
“2, Belton contends that his death sentence is unconstitutional because the 2011 amendment to R.C. 2929.11 “effectively repealed Ohio’s death penalty.”
State v. Jones (Slip Opinion), 2020-Ohio-6729, 169 N.E.3d 649.
“08(G)(2)(a) does not provide a basis for an appellate court to modify or vacate a sentence based on the lack of record support for the trial court’s findings made under R.C. 2929.11 and 2929.12—R.C. 2953.08(G)(2)(b) does not provide a basis for an appellate court to modify or…”
State v. Russell, 2020-Ohio-3243.
“As to the purposes and principles of felony sentencing set forth in R.C. 2929.11, the trial court stated as follows: {¶26} “I’ve considered the applicable statutes, that being 2929.”
State v. Roberts, 2017-Ohio-9014, 101 N.E.3d 1067.
“Until the legislature or the Supreme Court of Ohio steps in with a more definitive review process that ensures consistency, we should continue to adhere to the unambiguous language of R.C. 2953.08(G). As the dissent notes, although there may have been an intent under Am.”
State v. Gwynne (Slip Opinion), 2019-Ohio-4761, 141 N.E.3d 169.
“] Criminal law—State forfeits the right to argue that a court of appeals is barred from reviewing a sentencing appeal when the state does not timely invoke a defendant’s appeal waiver—R.C. 2929.11 and 2929.12 have no application to consecutive-sentencing review in a court of…”
Ohio Rev. Code § 2929.11(A)(1): 1 case
Ohio Rev. Code § 2929.11(A)(2): 1 case
Ohio Rev. Code § 2929.11(A)(4): 1 case
Ohio Rev. Code § 2929.11(A)(B): 2 cases
Ohio Rev. Code § 2929.11(A)(C)(4)(a): 1 case
Ohio Rev. Code § 2929.11(B): 849 cases
State v. Roberts, 2017-Ohio-9014, 101 N.E.3d 1067.
“Until the legislature or the Supreme Court of Ohio steps in with a more definitive review process that ensures consistency, we should continue to adhere to the unambiguous language of R.C. 2953.08(G). As the dissent notes, although there may have been an intent under Am.”
State v. Jones (Slip Opinion), 2020-Ohio-6729, 169 N.E.3d 649.
“08(G)(2)(a) does not provide a basis for an appellate court to modify or vacate a sentence based on the lack of record support for the trial court’s findings made under R.C. 2929.11 and 2929.12—R.C. 2953.08(G)(2)(b) does not provide a basis for an appellate court to modify or…”
Ohio Rev. Code § 2929.11(B)(1): 9 cases
Ohio Rev. Code § 2929.11(B)(1)(a): 12 cases
Ohio Rev. Code § 2929.11(B)(1)(b): 11 cases
Ohio Rev. Code § 2929.11(B)(2): 4 cases
Ohio Rev. Code § 2929.11(B)(2)(a): 3 cases
Ohio Rev. Code § 2929.11(B)(2)(a)(viii): 1 case
Ohio Rev. Code § 2929.11(B)(2)(b): 3 cases
Ohio Rev. Code § 2929.11(B)(3)(a): 1 case
Ohio Rev. Code § 2929.11(B)(4): 4 cases
Ohio Rev. Code § 2929.11(B)(5): 2 cases
Ohio Rev. Code § 2929.11(B)(6): 12 cases
Ohio Rev. Code § 2929.11(B)(7): 19 cases
Ohio Rev. Code § 2929.11(C): 21 cases
State v. Jones (Slip Opinion), 2020-Ohio-6729, 169 N.E.3d 649.
“08(G)(2)(a) does not provide a basis for an appellate court to modify or vacate a sentence based on the lack of record support for the trial court’s findings made under R.C. 2929.11 and 2929.12—R.C. 2953.08(G)(2)(b) does not provide a basis for an appellate court to modify or…”
State v. Foster, 845 N.E.2d 470 (Ohio 2006).
“Statutory “Considerations” in Every Case: R.C. 2929.11 and 2929.12 {¶ 36} Two statutory sections apply as a general judicial guide for every sentencing.”
State v. Bryant, 2022-Ohio-1878, 198 N.E.3d 68.
“He argues that although trial courts have a great deal of discretion in fashioning sentences, ultimately, they are constrained by the sentencing factors in R.C. 2929.11 and 2929.12, none of which allow a court to consider a defendant’s show of disrespect toward a court when it…”
Ohio Rev. Code § 2929.11(C)(1): 1 case
Ohio Rev. Code § 2929.11(C)(1)(a): 2 cases
Ohio Rev. Code § 2929.11(C)(3): 3 cases
Ohio Rev. Code § 2929.11(C)(4): 2 cases
Ohio Rev. Code § 2929.11(C)(6)(a): 1 case
Ohio Rev. Code § 2929.11(C)(6)(f): 1 case
Ohio Rev. Code § 2929.11(D): 37 cases
Ohio Rev. Code § 2929.11(D)(1): 13 cases
Ohio Rev. Code § 2929.11(D)(2): 16 cases
Ohio Rev. Code § 2929.11(E): 24 cases
Ohio Rev. Code § 2929.11(G): 14 cases
Ohio Rev. Code § 2929.11(b)(1)(a): 1 case
State v. Vajda, 2 Ohio App. Unrep. 385 (Ohio Ct. App. 8th Dist. 1990).
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