State v. Wilson

Summary

The Ohio Sixth District Court of Appeals affirmed Theodore Wilson’s convictions and concurrent sentences for burglary, gross sexual imposition, and pandering obscenity. The court held that the jointly recommended sentence was authorized by law under Ohio’s Reagan Tokes indefinite-sentencing scheme, including a seven-year minimum and ten-and-a-half-year maximum for burglary. Because the sentence was jointly recommended and imposed by the sentencing judge, appellate review under R.C. 2953.08(D)(1) was barred.

Holdings

1. A sentence authorized by law, jointly recommended by the defendant and the prosecution, and imposed by a sentencing judge is not subject to appellate review under R.C. 2953.08(G)(2).
2. The ten-and-a-half-year maximum term did not violate the plea agreement because it was a legally required component of the jointly recommended seven-year indefinite sentence and the plea materials provided notice of the indefinite sentencing structure.

Questions Presented

1. Whether the trial court imposed a sentence exceeding the parties' jointly recommended seven-year sentence by imposing a ten-and-a-half-year maximum term under the Reagan Tokes law.
2. Whether the sentence was reviewable under R.C. 2953.08(G)(2) despite the parties' joint recommendation.

Disposition

affirmed