State v. Lewis

2023-Ohio-3307 (Ohio Ct. App. 2023) · Ohio Court of Appeals, Fifth Appellate District · September 15, 2023 · No. CT2023-0004

Summary

The Ohio Fifth District Court of Appeals affirmed Garland Lewis's sentence following his guilty pleas to five counts of corrupting another with drugs. The court held that the sentence was within the statutory range, was not contrary to law or cruel and unusual punishment, and that the trial court properly made the findings required for consecutive sentences. The court overruled both assignments of error.

Holdings

  1. The sentence was not contrary to law because the trial court considered the principles and purposes of felony sentencing, considered the seriousness and recidivism factors, and imposed sentences within the statutory ranges.
  2. The aggregate sentence did not constitute cruel and unusual punishment because none of the individual sentences was grossly disproportionate to the corresponding offense.
  3. The trial court properly imposed consecutive sentences because it made the findings required by R.C. 2929.14(C)(4) at the sentencing hearing and in the sentencing entry, and those findings were supported by the record.

Questions Presented

  1. Whether Lewis's sentence was contrary to law because it was allegedly disproportionate and inconsistent with 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 aggregate consecutive sentence constituted cruel and unusual punishment under the Eighth Amendment to the United States Constitution and Section 9, Article I of the Ohio Constitution.
  3. Whether the trial court made and supported the findings required by R.C. 2929.14(C)(4) before imposing consecutive sentences.

Disposition

affirmed

Cases Cited (11)

  • State v. Roberts, 5th Dist. Licking No. 2020 CA 0030, 2020-Ohio-6722(followed)
  • State v. Marcum, 146 Ohio St.3d 516, 59 N.E.3d 1231, 2016-Ohio-1002(followed)
  • State v. Bonnell, 140 Ohio St.3d 209, 16 N.E.3d 659, 2014-Ohio-3177(followed)
  • State v. Hodges, 8th Dist. Cuyahoga No. 99511, 2013-Ohio-5025(followed)
  • State v. Jones, 116 Ohio St.3d 242, 69 N.E.3d 649, 2020-Ohio-6729(followed)
  • State v. Pettorini, 5th Dist. Licking No. 2020 CA 00057, 2021-Ohio-1512, 2021 WL 1714216(followed)
  • State v. Dinka, 12th Dist. Warren Nos. CA2019-03-022 & CA2019-03-026, 2019-Ohio-4209(followed)
  • State v. Webb, 5th Dist. Muskingum No. CT2018-0069, 2019-Ohio-4195(followed)
  • State v. Hairston, 118 Ohio St.3d 289, 2008-Ohio-2338(followed)
  • State v. Smith, 10th Dist. Franklin No. 18AP-525, 2019-Ohio-5199(followed)

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