State v. Renne

Summary

The Ohio Fifth District Court of Appeals affirmed Jeffrey Renne’s conviction and twelve-month sentence for felony theft. The court held that the sentence was not clearly and convincingly contrary to law because the trial court considered the applicable felony-sentencing statutes and imposed a sentence within the statutory range. The court also held that the trial court was not required to follow the parties’ jointly recommended ten-month sentence.

Holdings

1. The sentence was not clearly and convincingly contrary to law because the trial court stated that it considered the purposes and principles of felony sentencing and the seriousness and recidivism factors, and the sentence was within the statutory range.
2. The trial court was not required to follow the parties' jointly recommended sentence and did not err by imposing twelve months.

Questions Presented

1. Whether Renne's twelve-month sentence for fifth-degree-felony theft was clearly and convincingly contrary to law because the trial court allegedly failed to impose the minimum sanctions necessary to achieve the purposes of felony sentencing under Ohio Revised Code section 2929.11.
2. Whether the trial court was required to impose the parties' jointly recommended ten-month sentence.

Disposition

affirmed