Legal Opinion
State v. Deters
Ohio Court of Appeals
Decided August 5, 2005No. C-010645PublishedCited by 6 opinions
1Opinion of the Court
Mark P. Painter, Judge.
{¶ 1} Can a court consider juvenile adjudications for sentencing purposes under Apprendi v. New Jersey 1 and Blakely v. Washington 2 ? Although we have already addressed that question in State v. Montgomery in dicta, 3 we reexamine it here and conclude that Montgomery misstated the law. Under Blakely, a court may consider juvenile adjudications as part of an offender’s criminal history for sentencing purposes.
{¶ 2} Defendant-appellant, Curtis Deters, appeals his sentences after guilty pleas to two counts of robbery. We affirm.
I. A Brutal Robbery
{¶ 3} In March 2001,…
2Cases cited18 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- State v. CampbellOhio Supreme Court · 2000
- United States v. Joshua John BurgeCourt of Appeals for the Eleventh Circuit · 2005
- United States v. Anthony J. SmalleyCourt of Appeals for the Eighth Circuit · 2002
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3Cited by6 opinions
- In re Ohio Criminal Sentencing Statutes CasesOhio Supreme Court · 2006
- State v. McFeeSupreme Court of Minnesota · 2006
- State v. BromagenOhio Court of Appeals · 2012
- State v. LadsonOhio Court of Appeals · 2006
- State v. McFeeSupreme Court of Minnesota · 2006
1 more not listed; retrieve them via the Exa API.