State v. Pace

Summary

The Ohio Eleventh District Court of Appeals affirmed Jesse Kree Pace’s sentence following his guilty pleas to aggravated burglary, assault of a peace officer, and harassment with a bodily substance. The court held that it lacked authority to independently reweigh mitigating factors under R.C. 2929.11 and R.C. 2929.12, and found that the trial court properly stated that it had considered the required sentencing factors.

Holdings

1. An appellate court may not modify or vacate a felony sentence based on its independent assessment of whether the sentence is supported by the record under R.C. 2929.11 and R.C. 2929.12.
2. The trial court fulfilled its duty by stating at the sentencing hearing and in the sentencing entry that it had considered the factors under R.C. 2929.11 and R.C. 2929.12; therefore, Pace's sentence was not shown to be contrary to law.

Questions Presented

1. Whether the trial court imposed an excessive felony sentence by failing to consider mitigating factors under R.C. 2929.11 and R.C. 2929.12.
2. Whether the appellate court could independently reweigh mitigating factors and substitute its sentencing judgment for that of the trial court.

Disposition

affirmed