State v. Mallow

Summary

The Ohio Second District Court of Appeals affirmed judgments revoking Zakye Ryan Mallow’s community control and imposing a 36-month prison sentence, as well as imposing a concurrent one-year sentence and fine for trafficking in marijuana. The court held that the sentence imposed after the community-control violations was within the statutory range, complied with the sentencing statutes, and was not clearly and convincingly contrary to law or unsupported by the record.

Holdings

1. An appellate court may disturb a sentence imposed after revocation of community control only when it clearly and convincingly finds that the record does not support specified statutory findings or that the sentence is contrary to law.
2. The 36-month prison sentence was not clearly and convincingly unsupported by the record or contrary to law.
3. When a felony sentence is imposed after consideration of R.C. 2929.11 and R.C. 2929.12, an appellate court does not analyze whether the sentence is unsupported by the record on the basis that the court would have weighed those factors differently.

Questions Presented

1. Whether the trial court's 36-month prison sentence following revocation of community control was contrary to law or clearly and convincingly unsupported by the record under R.C. 2953.08(G)(2).
2. Whether R.C. 2929.11 required the trial court to impose a more lenient sentence.
3. Whether the judgment in the marijuana-trafficking case should be reviewed when Mallow raised no assignment of error concerning that case.

Disposition

affirmed