State v. Anderson

Summary

The Ohio Court of Appeals for the Fifth Appellate District reversed and remanded Braydon M. Anderson’s sentence for resentencing. The court held that Anderson’s prior juvenile adjudications could not serve as an exception to the presumption of community control under Ohio Revised Code section 2929.13(B)(1)(b), and therefore the prison sentence for his nonviolent fifth-degree felony was contrary to law.

Holdings

1. A prior juvenile delinquency adjudication does not trigger an exception under R.C. 2929.13(B)(1)(b) that makes an adult offender convicted of a nonviolent fourth- or fifth-degree felony eligible for a prison term.
2. The sentence was contrary to law because the trial court imposed a prison term without identifying a valid statutory exception to the presumption of community control.

Questions Presented

1. Whether the trial court lawfully imposed a prison sentence for a nonviolent fourth- or fifth-degree felony when the statutory criteria for the presumption of community control were satisfied.
2. Whether the trial court could rely on Anderson's prior juvenile adjudications as an exception making him eligible for a prison term under R.C. 2929.13(B)(1)(b).

Disposition

reversed_and_remanded