State v. Bivens

I respectfully dissent.

When the legislature enacted the comprehensive Criminal Code and specifically enacted R.C. 2929.12 and 2929.13 for sentencing in felonies and R.C. 2929.22 for sentencing in misdemeanors, it “was a clear declaration of intent that sentencing be uniform. Uniformity in sentencing does not mean that sentences must be identical, because the circumstances of each crime and each defendant may differ. Uniformity in sentencing means that the same standards are used, regardless of the circumstances. I would sustain assignment of error one because, as noted in the majority…