Ohio Revised Code Section 2929.11(B) states that sentences for felonies shall be "consistent with sentences imposed for similar crimes committed by similar offenders." Recently I won an appeal for a Greene County man convicted of sexually abusing a child as I wrote here. He had been sentenced to 40 years. On remand after he won on appeal he was sentenced to 20 years. So it is interesting to note that a Licking County man was recently sentenced to 3 years for sexually abusing two minors as you can read by clicking HERE. That is the minimum possible time he could have been sentenced to prison since he was convicted of first degree felony rape of a child. On appeal, one count of first degree felony rape was reversed but that still leaves him with a count of first degree felony rape (carrying up to ten years in prison), three counts of third degree felony gross sexual imposition (each carrying up to five years in prison), and four counts of unlawful sexual conduct with a minor (each carrying up to eighteen months in prison). That is a total possible sentence of 31 years. The Licking County man will be re-sentenced June 23, but with one less rape conviction there is no indication his sentence will go up. Granted the Greene County man was convicted of more charges, but 20 years vs 3 years is hardly consistent.
Subscribe
Contact Me
Search
Topics
- 4th Amendment (automobile) (4)
- 4th Amendment (non-automobile) (4)
- 5th Amendment (Miranda) (4)
- 6th Amendment (Right to Counsel) (3)
- Allied Offenses of Similar Import (2)
- ANDERS Briefs (2)
- Capital Cases (1)
- Choosing a lawyer on appeal (3)
- Closing Argument (1)
- Community Control (probation) (1)
- Competecy of Witnesses (1)
- competency to stand trial (1)
- Confrontation Clause (2)
- Criminal Appeals (generally) (11)
- Criminal Rule 11 (5)
- Criminal Rule 32 (1)
- Due Process (2)
- Expedited Review (1)
- Evidence (Sufficiency) (9)
- Expungement (1)
- Fines (1)
- Guilty Pleas (3)
- Hearsay (3)
- ILC (intervention in lieu of conviction) (2)
- Indictment (1)
- Ineffective Assistance of Counsel (1)
- Jury (4)
- Jury Instructions (2)
- Lesser Included Offenses (1)
- Local Crime News (8)
- musings (1)
- No Contest Pleas (1)
- Ohio Appellate Rule 9(A) (1)
- Ohio Supreme Court Update (12)
- one of my WINS ON APPEAL (15)
- Pandering obscenity (1)
- petition for a writ of habeas corpus (1)
- Post-release control (2)
- Prosecutorial Misconduct (2)
- Restitution (1)
- RVO Specification (1)
- Search Warrants (1)
- sentencing (generally) (1)
- sentences (inconsistent) (1)
- Stay (1)
- stare decisis (1)
- Supreme Court of the United States update (1)
- Venue (1)
- Verdict Forms (1)
Recent Entries
Apr 9, 10 06:45 PM Children to be financially supported are not "victims" Elsewhere in this blog I have mentioned how the "law" does not always comport with...
Apr 8, 10 12:19 PM Cuyahoga County Judge commits plain error with incorrect jury instruction The Eighth District Court of Appeals reversed a conviction for aggravated assault because the trial...
Mar 26, 10 03:07 PM To be valid, a jury waiver must be made "in open court" Today the Second District Court of Appeals reversed a conviction for felonious assault because the...
Mar 24, 10 10:03 PM Protecting the identities of certain victims or juveniles begins with the appellant Ohio Courts of Appeal generally will not publish the full names of certain victims or...
Mar 15, 10 08:19 PM State fails to prove venue, conviction reversed Generally speaking, jurisdiction is the power of a court to hear a case, and venue...
Mar 12, 10 04:14 PM Mother sentenced to 10 years Lisa M. Davis of Miamisburg pleaded guilty to first degree felony involuntary manslaughter on February...
Monthly Archives
- April 2010 (2)
- March 2010 (10)
- February 2010 (5)
- January 2010 (4)
- December 2009 (8)
- November 2009 (5)
- October 2009 (7)
- September 2009 (8)
- August 2009 (2)
- July 2009 (5)
- June 2009 (7)
- May 2009 (4)
- April 2009 (8)
- March 2009 (1)
- February 2009 (2)
- January 2009 (2)
- November 2008 (1)
- October 2008 (2)
- April 2008 (1)
- February 2008 (1)
- January 2008 (1)
- November 2007 (1)
- March 2007 (1)
- March 2006 (2)
- July 2005 (1)
- November 2003 (1)
Legal Blogs
- Gamso - For The Defense Blog (Jeff Gamso)
- South Florida Criminal Defense Lawyer Blog (Ralph Behr)
- Cleveland Bankruptcy Lawyer Blog (Justin M. Smith)
- Cincinnati Tax Problem Attorney Blog (Paul Nidich)
- New York Criminal Defense Attorney Blog (Mark A. Siesel)
- Georgia Criminal Defense Blog (Conaway & Strickler)
- Illinois Expungement Lawyer Blog (Jorie K. Johnson)
- North Carolina Workers' Compensation Lawyers Blog (Lee & Smith)
- California Criminal Defense Lawyer Blog (William Weinberg)
- Immigration Visa Attorney Blog (Sam Shihab)
- Reno Criminal Attorney Blog (Routsis Gilbert)
- San Jose Criminal Defense Lawyer Blog (Erik Johnson)
- New Mexico Injury Lawyer Blog (Branch Law Firm)
- New Jersey Criminal Lawyer Blog (Chamlin, Rosen, Uliano & Witherington)
- DUI Blogger (Neil Shouse)
- Los Angeles Criminal Lawyer Blog (Gurovich, Berk & Associates)
- inter alia (Tom Mighell)
- Ernie the Attorney (Ernest Svenson)
- Massachusetts Criminal Defense Attorney Blog (Stephen Neyman)