Defendants are entitled to be sentenced as are other similar defendants.
R.C. 2929.11(B) reads in pertinent part:
“(B) A sentence imposed for a felony shall be reasonably calculated to achieve the three overriding purposes of felony sentencing set forth in division (A) of this section, commensurate with and not demeaning to the seriousness of the offender’s conduct and its impact upon the victim, and consistent with sentences imposed for similar crimes committed by similar offenders.”
Our data is from the past ten years in the most populous Ohio counties (Cuyahoga, Franklin, Hamilton, Summit, Lucas and more) and growing daily. Lawyers can now make the argument from data regarding a fair sentence for their client.
Defendants who fail to present data and/or raise the issue of a fair sentence waive that issue on appeal. State v. York, Champaign App. No. 2009-CA-03, 2009-Ohio-6263. Don’t be caught causing your client to waive an appellate issue. The Eighth District (Cuyahoga County) has also held that defendants waive this issue unless they present sentencing data at trial. State v. Armstrong, Cuyahoga App. No. 81928, 2003-Ohio-5932.
Here are the steps to the effective use of Lawstata sentencing data to obtain the best sentence for your client