State v. Lucero

Summary

The Eleventh District Court of Appeals of Ohio affirmed David Lucero's aggregate indefinite prison sentence of 7 to 10.5 years for convictions involving pandering sexually oriented matter involving a minor and illegal use of a minor in nudity-oriented material or performance. The court held that the sentences were within the statutory range and that the trial court properly considered the purposes and principles of felony sentencing under R.C. 2929.11 and the seriousness and recidivism factors under R.C. 2929.12. The court declined to reweigh those factors or substitute community control for incarceration.

Holdings

1. The sentence was not clearly and convincingly contrary to law because each term fell within the statutory range and the trial court expressly considered the purposes and principles of felony sentencing and the seriousness and recidivism factors.
2. The appellate court may not independently reweigh the competing sentencing factors or review whether the record supports prison instead of community control when the trial court considered the required statutes and imposed a sentence within the statutory guidelines.

Questions Presented

1. Whether Lucero's aggregate sentence was clearly and convincingly contrary to law because the trial court allegedly failed to consider the purposes and principles of felony sentencing under R.C. 2929.11 and the seriousness and recidivism factors under R.C. 2929.12.
2. Whether the appellate court could independently reweigh the sentencing factors or review whether prison rather than community control was appropriate.

Disposition

affirmed