Ohio Revised Code|Section 2929.22 | Determining appropriate sentence for misdemeanors.

                                                

(A) Unless a mandatory jail term is required to be imposed by division (G) of section 1547.99, division (B) of section 4510.14, division (G) of section 4511.19 of the Revised Code, or any other provision of the Revised Code a court that imposes a sentence under this chapter upon an offender for a misdemeanor or minor misdemeanor has discretion to determine the most effective way to achieve the purposes and principles of sentencing set forth in section 2929.21 of the Revised Code.

Unless a specific sanction is required to be imposed or is precluded from being imposed by the section setting forth an offense or the penalty for an offense or by any provision of sections 2929.23 to 2929.28 of the Revised Code, a court that imposes a sentence upon an offender for a misdemeanor may impose on the offender any sanction or combination of sanctions under sections 2929.24 to 2929.28 of the Revised Code. The court shall not impose a sentence that imposes an unnecessary burden on local government resources.

(B)(1) In determining the appropriate sentence for a misdemeanor, the court shall consider all of the following factors:

(a) The nature and circumstances of the offense or offenses;

(b) Whether the circumstances regarding the offender and the offense or offenses indicate that the offender has a history of persistent criminal activity and that the offender's character and condition reveal a substantial risk that the offender will commit another offense;

(c) Whether the circumstances regarding the offender and the offense or offenses indicate that the offender's history, character, and condition reveal a substantial risk that the offender will be a danger to others and that the offender's conduct has been characterized by a pattern of repetitive, compulsive, or aggressive behavior with heedless indifference to the consequences;

(d) Whether the victim's youth, age, disability, or other factor made the victim particularly vulnerable to the offense or made the impact of the offense more serious;

(e) Whether the offender is likely to commit future crimes in general, in addition to the circumstances described in divisions (B)(1)(b) and (c) of this section;

(f) Whether the offender has an emotional, mental, or physical condition that is traceable to the offender's service in the armed forces of the United States and that was a contributing factor in the offender's commission of the offense or offenses;

(g) The offender's military service record.

(2) In determining the appropriate sentence for a misdemeanor, in addition to complying with division (B)(1) of this section, the court may consider any other factors that are relevant to achieving the purposes and principles of sentencing set forth in section 2929.21 of the Revised Code.

(C) Before imposing a jail term as a sentence for a misdemeanor, a court shall consider the appropriateness of imposing a community control sanction or a combination of community control sanctions under sections 2929.25, 2929.26, 2929.27, and 2929.28 of the Revised Code. A court may impose the longest jail term authorized under section 2929.24 of the Revised Code only upon offenders who commit the worst forms of the offense or upon offenders whose conduct and response to prior sanctions for prior offenses demonstrate that the imposition of the longest jail term is necessary to deter the offender from committing a future crime.

(D)(1) A sentencing court shall consider any relevant oral or written statement made by the victim, the defendant, the defense attorney, or the prosecuting authority regarding sentencing for a misdemeanor. This division does not create any rights to notice other than those rights authorized by Chapter 2930. of the Revised Code.

(2) At the time of sentencing for a misdemeanor or as soon as possible after sentencing, the court shall notify the victim of the offense of the victim's right to file an application for an award of reparations pursuant to sections 2743.51 to 2743.72 of the Revised Code.

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e-filed on 08/15/2022 08:53 AM in Wayne County, Ohio STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF WAYNE ) STATE OF OHIO C.A. Nos. 21AP0044 21AP0045 Appellee v. APPEAL FROM JUDGMENT EMERSON VELIZ ESPANA ENTERED IN THE WAYNE COUNTY MUNICIPAL COURT Appellant COUNTY OF WAYNE, OHIO CASE Nos. 2021 TR-C 000409 2021 TR-C 001929 DECISION AND JOURNAL ENTRY Dated: August 15, 2022 HENSAL, Presiding Judge. {§1} Emerson Veliz Espana appeals his sentence from the Wayne C…

Case Filed

Jan 27, 2021

Case Status

CLOSED

County

Wayne County, OH

Filed Date

Aug 15, 2022

Category

OVI

preview-icon 6 pages

e-filed on 08/15/2022 08:53 AM in Wayne County, Ohio STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF WAYNE ) STATE OF OHIO C.A. Nos. 21AP0044 21AP0045 Appellee v. APPEAL FROM JUDGMENT EMERSON VELIZ ESPANA ENTERED IN THE WAYNE COUNTY MUNICIPAL COURT Appellant COUNTY OF WAYNE, OHIO CASE Nos. 2021 TR-C 000409 2021 TR-C 001929 DECISION AND JOURNAL ENTRY Dated: August 15, 2022 HENSAL, Presiding Judge. {§1} Emerson Veliz Espana appeals his sentence from the Wayne C…

Case Filed

Apr 03, 2021

Case Status

CLOSED

County

Wayne County, OH

Filed Date

Aug 15, 2022

Category

OVI

preview-icon 6 pages

e-filed on 08/15/2022 08:53 AM in Wayne County, Ohio STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF WAYNE ) STATE OF OHIO C.A. Nos. 21AP0044 21AP0045 Appellee v.…

Case Filed

Oct 01, 2021

Case Status

CLOSED

County

Wayne County, OH

Filed Date

Aug 15, 2022

Category

APPEALS CASE

preview-icon 6 pages

e-filed on 08/15/2022 08:53 AM in Wayne County, Ohio STATE OF OHIO ) IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF WAYNE ) STATE OF OHIO C.A. Nos. 21AP0044 21AP0045 Appellee v.…

Case Filed

Oct 01, 2021

Case Status

CLOSED

County

Wayne County, OH

Filed Date

Aug 15, 2022

Category

APPEALS CASE

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(irony FILED COURT CF COMMOH PLEAS 08 JUL-7 AM 8:37 INSEEUE COMMON PLEAS COURT OF MONTGOMERY COUNTY, OHIO CLERK OF COURT CRIMINAL DIVISION : CO, OHIO sch UPEIUERY Plaintiff, Case No. 2008 CR 00059 vs. Judge A.J. Wagner Jermaine W. F. Lovell Defendant. PRE-SENTENCE STATEMENT Now comes the defendant, by and through counsel, and submits the following pre-sentence statement: MEMORANDUM Sentencing is an awesome task, and ought to begin with the philosophy of sentencing. Section 2929.21 sets…

Case Filed

Jan 04, 2008

Case Status

CLOSED

County

Montgomery County, OH

Filed Date

Jul 07, 2008

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