Indefinite Terms of Imprisonment In Ohio
In State v. Garrison (1997), 123 Ohio App.3d 11, 702 N.E.2d 1222, a case dealing with indefinite terms of imprisonment, we stated at 17:
"R.C. 2929.12 sets out factors that the court must consider when imposing an indefinite term of imprisonment, some of which weigh in favor of either a longer or a shorter minimum term of imprisonment.
A silent record raises the presumption that a trial court considered the factors contained in R.C. 2929.12. State v. Adams (1988), 37 Ohio St.3d 295, 525 N.E.2d 1361, paragraph three of the syllabus.
If a trial court's sentence is within the statutory limits, it will be presumed that the trial court considered the relevant factors in the absence of an affirmative showing that it failed to do so. State v. Crouse (1987), 39 Ohio App.3d 18, 20, 528 N.E.2d 1283, 1285-1286.
That presumption may be overcome, however, when the sentence imposed is strikingly inconsistent with the R.C. 2929.12 factors applicable to the case. State v. Flors (1987), 38 Ohio App.3d 133, 140, 528 N.E.2d 950, 957-958."
In that case, we did determine that the presumption had been overcome.
Immediately after the jury returned its verdict, the trial court, without benefit of a PSI, imposed four consecutive sentences for an aggregate sentence of 26-50 years for the two counts of robbery and two counts of abduction of which Garrison had been found guilty.
In saying the presumption had been overcome, we stated in part:
". . . In light of the minimal harm, if any, to the victims and modest value of the property taken, this aggregate sentence, in the absence of some explanation by the trial court for its severity, strikes us as inconsistent with the R.C. 2929.12 factors applicable to this case, and we thus cannot indulge the usual presumption arising from a silent record that the trial court complied with the statute.
Accordingly, we will reverse the judgment and remand the matter for new sentencing proceedings, wherein the R.C. 2929.12 factors applicable to this case shall be considered."