State v. Conner
CourtOhio Court of Appeals
Date FiledOctober 1, 2026
Docket115631
JudgeForbes
StatusPublished
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Full Opinion
[Cite as State v. Conner, 2026-Ohio-3871.]
COURT OF APPEALS OF OHIO
EIGHTH APPELLATE DISTRICT
COUNTY OF CUYAHOGA
STATE OF OHIO, :
Plaintiff-Appellee, :
No. 115631
v. :
QUMAURIE CONNER, :
Defendant-Appellant. :
JOURNAL ENTRY AND OPINION
JUDGMENT: AFFIRMED
RELEASED AND JOURNALIZED: October 1, 2026
Criminal Appeal from the Cuyahoga County Court of Common Pleas
Case No. CR-24-696461-B
Appearances:
Michael C. O’Malley, Cuyahoga County Prosecuting
Attorney, and Adrienne E. Linnick, Assistant Prosecuting
Attorney, for appellee.
Moran & Fisher, Attorneys at Law, LLC, Susan J. Moran,
and Michael T. Fisher, for appellant.
LISA B. FORBES, P.J.:
Defendant-appellant Qumaurie Conner (“Conner”) appeals his
convictions for involuntary manslaughter and related offenses stemming from his
part in causing the death of Kentada Todd (“Todd”). Conner argues on appeal that
the juvenile court abused its discretion in transferring Conner’s case to the general
division. He also appeals from the journal entry imposing consecutive prison
sentences.1 For the reasons that follow, we affirm.
I. Facts and Procedural History
On October 17, 2023, Conner was named in an 11-count complaint in
the Cuyahoga County Common Pleas Court, Juvenile Division, accusing Conner of
committing numerous offenses including aggravated murder allegedly committed
on or about October of 2023. At the time, Conner was 14 years old.
A. Probable-Cause Hearing
On January 19, 2024, the juvenile court held a probable-cause
hearing. The State called numerous witnesses at the probable-cause hearing who
testified as to the details of the alleged offenses. Defense counsel and the State
stipulated to Conner’s date of birth (12/14/2008) and that he was 14 years old at the
time of the offenses. Although Conner does not raise the juvenile court’s probable-
cause finding on appeal, we discuss it below to provide context and relevant facts for
the raised assignments of error.
On behalf of the State, Detective Timothy Cramer (“Det. Cramer”) of
the Cleveland Police Department testified that on October 9, 2023, he responded to
a reported homicide of a female, Todd, that occurred at 12:37 a.m. at 3425 East 52nd
1 Two other juveniles who were bound over to the general division and convicted
have also appealed: State v. Ayers-Moore, 2026-Ohio-3114 (8th Dist.), and State v.
Davis, 2026-Ohio-3338 (8th Dist.).
Street (“the House”), in Cleveland, Ohio. Upon arriving on the scene, Det. Cramer
observed multiple shell castings in the street in front of the home as well as bullet
holes on the exterior of the home.
Det. Cramer and his partner conducted interviews of several
occupants of the house. From these interviews, Det. Cramer learned that the
occupants “heard gunfire, and they realized that that gunfire was . . . striking the
house . . . .” Det. Cramer testified that “at some point [the occupants] realized that
Ms. Todd had been struck by a bullet and that she was bleeding and then police were
called.” Todd was in her bed when she was shot.
Det. Cramer explained that surveillance video was available from two
locations north of the house at issue. Det. Cramer played one of the surveillance
videos in court. He testified that the video showed a silver Hyundai Sonata traveling
south on East 52nd Street, past the House. The same car then “appear[ed] as though
it turned around and came back” in front of the House, at which time “four people
exit[ed] the vehicle and beg[an] firing guns towards [the] house.” One of the
individuals was wearing a black hoodie with a distinctive white rectangular logo at
the center of it and white shoes. Det. Cramer testified that the shooters got back in
the car after firing multiple rounds and the car continued northbound. Det. Cramer
explained that all of the individuals who exited the vehicle fired shots based on the
“muzzle flash in the video coming from their arms that are extended,” as well as
where the spent casing were found.
Det. Cramer testified that he shared the information he had gathered
from video surveillance with the police department’s Realtime Crime analyst.
Det. Cramer stated that they searched for the Hyundai Sonata through the Realtime
Crime cameras in the city. Police determined it was a stolen vehicle. Det. Cramer
described using Flock and Realtime Crime cameras to track the vehicle’s location
both before and after the homicide, as well as during the homicide itself.
Hours after the homicide, the vehicle was observed turning from
Turney Avenue onto Tioga Avenue, in Cleveland. A few minutes later, Det. Cramer
observed two younger, black males coming from Tioga Avenue and turning onto
Turney Avenue on foot. The vehicle was later discovered abandoned on Tioga
Avenue.
The two males observed on foot in the surveillance footage were
wearing the same outfits observed in the Flock-camera captures of the vehicle as
well as the surveillance video from the shooting at the House. One of the males was
wearing the black hoodie with the distinctive white rectangular logo and white and
black shoes. Det. Cramer testified that Regional Transit Authority (“RTA”) footage
then captured the two males getting on a bus and going to the city of Garfield
Heights. The two males are seen exiting the bus in the proximity of an area where a
crew of juveniles are known to “hang out” and “create[] problems in that area.”
Det. Cramer explained that the Garfield Heights police “were familiar with a group
of kids down there, including knowing names and things like that.” The Garfield
Heights police were able to “come up with some identifications” including
identifying Conner from the surveillance photos.
On October 11, 2025, Garfield Heights police responded to an
unrelated incident that led to the arrest of several juveniles, including Conner.
When Conner was arrested he was “wearing the same shoes or shoes that looked
similar to the shoes” that were observed on one of the young black males on the
surveillance photo from Turney Avenue. Det. Cramer testified that he went to
Conner’s parents’ address, where he spoke with his mother and grandfather, who
both identified Conner as the individual wearing the black hoodie with the white
rectangular logo in the surveillance photo of the males walking on Turney Avenue.
After hearing the testimony from Det. Cramer, the juvenile court
found that there was probable cause that Conner committed the offenses for which
he was charged.
Conner was referred to the court diagnostic clinic in preparation for
an amenability hearing. Dr. Lynn Williams (“Dr. Williams”) conducted appellant’s
psychological evaluation.
B. Amenability Hearing and Evaluation Report
On April 16, 2024, the juvenile court held Conner’s amenability
hearing. The parties stipulated to the court diagnostic clinic’s evaluation report
(“Evaluation”), but noted that the age reflected therein for Conner was incorrect.
The parties agreed that Conner’s age at the time of the offense was 14 years and 10
months. Dr. Williams evaluated Conner’s relevant family history, developmental
and social history, academic performance, employment history, medical history,
mental health, substance use, criminal history, intellectual functioning, and mental
status. Dr. Williams summarized her findings in three key transfer factors and
found that Conner’s risk for violence was “high,” his sophistication maturity was
“high,” and his treatment amenability was “middle.”
Included in the Evaluation was a discussion of Conner’s history of
engagement with the juvenile court system. The Evaluation stated that Conner has
two prior adjudicated delinquency cases, both assaults that were misdemeanors of
the first degree. Additionally, Conner had two juvenile court cases pending at the
time of the Evaluation. The Evaluation stated that two valid court-order violations
had been filed against Conner, one for an alleged fight and the other for removing
his GPS monitor. The Evaluation noted that Conner reported that the GPS monitor
fell off.
The Evaluation further stated that “[p]robation and school records
indicated that [Conner] engaged in a number of threatening behaviors to others.”
Conner had “five out of school suspensions between October 3, 2022, to February 9,
2023. Two were for fighting.”
The Evaluation described Conner’s history with special-education
services and current mental-health diagnosis of attention-deficit hyperactivity
disorder (“ADHD”), oppositional-defiant disorder, and major-depressive disorder.
However, the Evaluation stated that “based on the clinical interview and historical
records, [Conner] does not meet criteria for Intellectual Developmental Disorder.
His intelligence is in the average range . . . He has some mental health history but
does not suffer severe psychiatric disturbance that would impair reality testing.”
The Evaluation further noted that juvenile-detention center (“JDC”) teachers
described Conner as an “excellent student” and that as of the date of the Evaluation,
Conner had achieved a Level 4, the highest level in the JDC behavior-management
program.
Neither the State nor defense counsel called witnesses at the
amenability hearing, but both made arguments before the juvenile court.
C. Court Findings
At the conclusion of the amenability hearing, the juvenile court
announced its findings and relinquished jurisdiction to the general division court
after considering the factors set forth in R.C. 2152.12. The court concluded that
“[b]ased on the application of [R.C. 2152.12](D) and (E), the nature of these charges,
the Court finds that this matter will be transferred into the Adult System for trial.”
D. Felony Indictment and Plea
Conner was transferred to the general felony division. On
November 4, 2024, the grand jury indicted Conner on the same charges and
specifications as those contained in the original delinquency complaint.
On August 25, 2025, Conner appeared in court and entered pleas of
guilty to an amended indictment: amended Count 1, involuntary manslaughter
(with 3-year firearm specification); Count 3, improperly discharging a firearm into
a habitation; Count 4, felonious assault (with 3-year firearm specification), amended
to list names of all victims; Count 10, improperly handling firearms in a motor
vehicle; and Count 11, receiving stolen property. The remaining counts and
specifications were nolled. Conner agreed to an agreed-recommended prison terms
of 18 to 25 years, not including the Reagan Tokes tail, and that he would not be
eligible for early release.
The court sentenced Conner to a minimum of 20 years in prison,
running several of the counts consecutively to each other, and imposing a Reagan
Tokes tail.
Conner appeals, raising the following two assignments of error:
Assignment of Error 1: The juvenile court abused its discretion
when it transferred Defendant’s case for criminal prosecution, without
sufficient credible evidence of non-amenability, in violation of
R.C. 2152.12(B); the Fifth and Fourteenth Amendments to the United
States Constitution; and art. I, § 16 of the Ohio Const.
Assignment of Error 2: The trial court violated Defendant’s rights
under the Fifth, Eighth, and Fourteenth Amendments to the United
States Constitution [and] the Ohio Constitution, when it imposed a
consecutive sentence which is not clearly and convincingly supported
by the record.
II. Law and Analysis
A. Assignment of Error No. 1 – Amenability
1. Legal Standards
Ohio’s juvenile system provides two types of transfer: discretionary
and mandatory. State v. Hanning, 89 Ohio St.3d 86, 90 (2000). At issue here is a
discretionary transfer.
In a discretionary-transfer proceeding, the juvenile court may
transfer the child to adult court for prosecution if it finds (1) that the child was at
least 14 years old at the time of the charged act, (2) there is probable cause to believe
that the child committed the charged act, and (3) “[t]he child is not amenable to care
or rehabilitation within the juvenile system, and the safety of the community may
require that the child be subject to adult sanctions.” R.C. 2152.12(B)(1), (2), and (3);
see State v. Nicholas, 2022-Ohio-4276, ¶ 3, citing R.C. 2152.12(B) (“Discretionary
transfer affords juvenile court judges the discretion to transfer to adult court certain
juveniles who do not appear to be amenable to care or rehabilitation within the
juvenile system or who appear to be a threat to public safety.”).
Before making a discretionary-transfer decision, the juvenile court
must order an “investigation into the child’s social history, education, family
situation, and any other factor bearing on whether child is amenable to juvenile
rehabilitation, including a mental health examination of the child by a public or
private agency or a person qualified to make the examination.” R.C. 2152.12(C). In
determining whether to exercise its discretion to transfer a child to adult court under
R.C. 2152.12(B), the juvenile court must consider the statutory factors in
R.C. 2152.12(D) in favor of transfer against the statutory factors in R.C. 2152.12(E)
in opposition to transfer, and the court must indicate on the record the specific
factors it weighed in making its determination. R.C. 2152.12(B)(3). Neither list of
factors is exhaustive. Id. A juvenile court’s decision to exercise its discretion to
transfer a juvenile to adult court must be supported by a preponderance of the
evidence. Nicholas at ¶ 35.
We also note that the juvenile court is not “‘required to individually
analyze each and every possible avenue for juvenile rehabilitation and decide that
[the juvenile] was not amenable to them.’” State v. Taylor, 2024-Ohio-5094, ¶ 43
(8th Dist.), quoting D.M. v. D.M., 2017-Ohio-8768, ¶ 50 (6th Dist.).
This court reviews the juvenile court’s amenability determination for
an abuse of discretion. In re M.P., 2010-Ohio-599, ¶ 14. An abuse of discretion
occurs when a court exercises “its judgment, in an unwarranted way, in regard to a
matter over which it has discretionary authority.” Johnson v. Abdullah, 2021-Ohio-
3304, ¶ 35. An abuse of discretion “‘implies that the court’s attitude is unreasonable,
arbitrary, or unconscionable.’” W.A.F.P., Inc. v. Sky Fuel Inc., 2024-Ohio-3297,
¶ 13, (8th Dist.), quoting Blakemore v. Blakemore, 5 Ohio St. 3d 217, 219 (1983). “In
the context of an amenability determination, a juvenile court’s analytical error as to
one factor of many is not, standing alone, necessarily an abuse of discretion where
the error is not prejudicial and the court relies on other factors.” In re J.S., 2023-
Ohio-2675, ¶ 14 (1st Dist.), citing State v. Gregory, 2020-Ohio-5207, ¶ 2 (2d Dist.).
In light of “‘the discretion afforded the juvenile court by the
legislature in determining a juvenile’s amenability to the juvenile justice system,’”
the juvenile court’s amenability determination cannot be reversed if “‘there is some
rational and factual basis to support the trial court’s decision.’” State v. Nicholson,
2022-Ohio-2037, ¶ 206 (8th Dist.), quoting State v. Crosby, 2019-Ohio-2217, ¶ 28
(8th Dist.). No one factor controls over any other. State v. Foster, 2023-Ohio-4308,
¶ 20 (8th Dist.).
2. Trial
Court’s Considerations and Findings Regarding
Amenability
Pertinent to this appeal, the juvenile court indicated at the
amenability hearing that it considered the following R.C. 2152.12(D) factors in favor
of transfer include:
(1) The victim of the act charged suffered physical or psychological
harm, or serious economic harm, as a result of the alleged act.
(2) The physical or psychological harm suffered by the victim due to the
alleged act of the child was exacerbated because of the physical or
psychological vulnerability or the age of the victim.
..
(4) The child allegedly committed the act charged for hire or as part of
a gang or other organized criminal activity.
(5) The child had a firearm on or about the child’s person or under the
child’s control at the time of the act charged, the act charged is not a
violation of section 2923.12 of the Revised Code, and the child, during
the commission of the act charged, allegedly used or displayed the
firearm, brandished the firearm, or indicated that the child possessed
a firearm.
(6) At the time of the act charged, the child was awaiting adjudication
or disposition as a delinquent child, was under a community control
sanction, or was on parole for a prior delinquent child adjudication or
conviction.
(7) The results of any previous juvenile sanctions and programs
indicate that rehabilitation of the child will not occur in the juvenile
system.
(8) The child is emotionally, physically, or psychologically mature
enough for the transfer.
(9) There is not sufficient time to rehabilitate the child within the
juvenile system.
The juvenile court explained that it did not find any of the factors against transfer
articulated in R.C. 2152.12(E) applied.
The court determined that factors 1 and 2 weigh in favor of transfer.
Specifically, pursuant to factor 1 the court stated on the record that the harm to the
victim — death, “weighs heavily, heavily in favor of transfer.” Further, under factor
2, the harm was exacerbated by the vulnerability of the victim, specifically that she
was “in her own bed asleep in her own house.”
With regard to factor 4, that court considered whether the crime was
committed “for hire or as part of a gang or other organized criminal activity.”
Although the court did not make a finding that this factor weighed in favor of
amenability, the court discussed the possibility that organized criminal activity was
involved here because the “car was stolen, the house cased, people drove around,
they came back, they all four got out of the car, then they left, then the car was found
discarded six hours later.”
The court found that factor 5 applied, specifically that the “juvenile
displayed, brandished, indicated, or used a firearm.”
Next, the court stated that factor 6 (whether at the time of the act
charged, the juvenile was awaiting adjudication or disposition for delinquency, or
was under a community-control sanction, or was on parole for a prior delinquency)
did not apply. The court noted that Conner had previously been placed on probation
for two assault cases and “things weren’t working so well.” The court stated that
Conner was “referred to a specialized docket program[, a]nd because there was a
refusal, not necessarily clear to me who’s refusing[, the parent or juvenile], the
probation was terminated, not because it was a successful termination . . . .” The
court noted that the present case “occurred two or three months” after that
termination. The court voiced its discomfort with the way that “case has moved
through the system.”
The court found that factor 7 applied, specifically that “prior
sanctions” show that rehabilitation is not likely. The court stated that the Evaluation
indicates a “high estimate for a risk of future violence” and noted Conner’s two
misdemeanor assaults, “history of threatening others and fights in school,” “parent
criminality,” “an unstable home environment,” and the present “fatal act of violence
with a firearm.” The court stated that “[t]hese are major violations of basic rights of
. . . societal norms and rules.”
The court discussed factor 8, which considers whether the juvenile is
“emotionally, physically, or psychologically mature enough” for transfer. Citing the
Evaluation, specifically Conner’s “RSTI Sophistication and Maturity” score that is in
the 88 percentile (high-offender range), the court explained that Conner “has some
ability to regulate . . . [and] is aware of the wrongfulness of crimes and understands
behavioral norms.” The court noted Conner’s frequent absences without leave and
refusal to take medication. The court found that Conner “is displaying a higher level
of sophistication and maturity and using these skills in a criminogenic manner.”
Finally, the court found that factor 9 applied, specifically that there
“is not sufficient time to rehabilitate the child within the juvenile system.” The court
cited two Eighth District Court of Appeals cases, including State v. Johnson, 2015-
Ohio-96 (8th Dist.), and State v. Hennings, 2019-Ohio-4675 (8th Dist.), to support
the proposition that severity of the crime “is an indication that rehabilitation is going
to take a longer period of time.” The court also stated that the minimum sentence
here would go well beyond Conner’s 21st birthday.
With regard to the factors weighing against transfer, the court found
that none of them applied. With respect to factor 7 (a child’s mental illness or
intellectual disability), the court referenced the Evaluation, which stated that
Conner “has some mental health history, but does not suffer severe psychiatric
disturbance that would impair reality testing.”
In its journal entry, the court summarized each of the findings it
made. The juvenile court listed the R.C. 2152.12(D) factors it considered and made
the following findings:
The Court finds after a full investigation, including a mental
examination of said child made by a duly qualified person, and after full
consideration of the child’s prior juvenile record, family environment,
school record, efforts previously made to treat and rehabilitate the
child, including prior commitments to the Department of Youth
Services, the nature and severity of the offenses herein, the age,
physical, and mental condition of the victim as effected by the matter
therein, and other matters of evidence, that there are reasonable
grounds to believe that the child herein is not amenable to care or
rehabilitation within the juvenile system, and that the safety of the
community may require that he be held beyond his twenty-first
birthday.
B. Conner Challenges the Trial Court’s Weighing of the
R.C. 2152.12(D) and (E) Factors
Conner asserts with his first assignment of error that the juvenile
court abused its discretion in binding him over to the general division when the
record lacked sufficient evidence to support a finding of nonamenability.
Specifically, Conner argues that “his young age, the context of his childhood traumas
that led to his serious behavior, that he had not ever been committed to the Ohio
Department of Youth Services before, his positive progress at the juvenile detention
center, and the fact that he was receptive to mental health services,” are “credible
and compelling evidence” that he was amenable to rehabilitation in the juvenile
system.
According to Conner, the juvenile court misapplied
R.C. 2152.12(D)(2) by attributing “the victim’s placement in bed as an exacerbating
physical vulnerability.” Conner does not dispute that the victim was sleeping at the
time of the incident, or that the victim was shot in her bed at 12:37 a.m. Conner does
not cite any cases to support his argument that the victim’s placement in bed, or
more specifically, sleeping, cannot be considered a vulnerability under this factor.
We are persuaded by the State’s argument that here, the victim was in a vulnerable
“physical condition” that may exacerbate the harm suffered by the victim. The
circumstances here are similar to a rape case where “courts of appeals have
‘concluded that sleeping is a “physical condition” that substantially impairs a
victim’s ability to resist . . . in violation of R.C. 2907.02(A)(1)(c).’” State v. Miller,
2019-Ohio-4121, ¶ 37 (3d Dist.), quoting State v. Stevens, 2016-Ohio-446, ¶ 12 (3d
Dist.).
Conner also appears to argue that the juvenile court improperly
“failed to acknowledge the lack of . . . evidence” of “organized crime, gang activity,
or “crime for hire” under factor 4. We disagree. Although the juvenile court
considered the possibility of organized criminal activity because of concern for how
the incident unfolded, the court explicitly made a finding that this factor did not
apply.
With regard to factor 7, Conner attempts to draw a parallel to an
Eighth District case, State v. Carter, 2023-Ohio-4310 (8th Dist.), where we held that
the juvenile court “acted unreasonably” in making its amenability determination
because it “wrongly concluded that no further juvenile court services were available
to [defendant], even though the court specifically found that he had never been
committed to ODYS, which has care and treatment services for juveniles.” Id. at
¶ 21. The facts in Carter are distinguishable. There, this court held that the juvenile
court’s nonamenability finding for robbery, theft, and having weapons while under
disability, was based on a demonstrably false premise that there were no remaining
juvenile court options to hold him accountable and restore and rehabilitate him,
even though he had never before been committed to the Ohio Department of Youth
Servies (“ODYS”), as well as the court’s mere “speculation that the victim suffered
economic and psychological harm” despite a lack of “any evidence whatsoever”
regarding the harm suffered by the victim. Id. at ¶ 21, 25. In Carter, the court
highlighted that a juvenile’s amenability to rehabilitation in the juvenile system “‘is
one of the juvenile’s rehabilitative potential, and it is separate from the question of
the services the state has to offer or the services a juvenile court judge perceives the
state has to offer.’” (Emphasis in original.) Id. at ¶ 23, quoting Nicholas, 2022-
Ohio-4276, at ¶ 54.
Here, the juvenile court did not conclude that there was “nothing left”
for Conner in the juvenile justice system, rather that prior sanctions and Conner’s
related circumstances show that rehabilitation is not likely in the juvenile system.
Conner’s “high estimate for a risk of future violence,” coupled with his history of
assaults, fights, and threatening others, as well as the present “fatal act of violence
with a firearm,” indicated to the juvenile court that the juvenile system is not best
suited for his rehabilitation. This finding is supported by the record.
Additionally, Conner argues that the court abused its discretion when
it found that he did not have a mental illness or intellectual disability (in considering
factors weighing against transfer), “despite the repeated references that [he]
refus[ed] to take his prescribed medications (Focalin for ADHD, and Melatonin for
sleep).” When a similar issue came before our sister court, the First District held
that the trial court did not err in not weighing “mental illness” in the juvenile’s favor,
despite the juvenile’s diagnosis with ADHD, “conduct disorder,” “disruptive mood”
disorder, and “unspecified anxiety disorder.” State v. Bates, 2024-Ohio-5831, ¶ 17
(1st Dist.). The court explained that the doctor that conducted the juvenile’s
psychological evaluation did “not opine that his emotional challenges rise to the level
of a mental illness.” Id. The court there further explained that the “statute does not
elaborate on what ‘mental illness’ means . . .” but pointed to definitions provided by
the State, including R.C. 5101.60(N), which defines “mental illness” as a “substantial
disorder of thought, mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to meet the ordinary
demands of life.” Id.; see also R.C. 5101.60(N), 5119.01(A)(14), and 5122.01(A).
Here, the court considered Conner’s mental-health history, but
declined to find that this factor weighed against transfer, referencing the
Evaluation’s finding that while Conner “has some mental health history, [he] does
not suffer severe psychiatric disturbance that would impair reality testing.” This
finding is supported by the language defining mental illness as a “substantial
disorder of thought, mood, perception, orientation, or memory that grossly impairs
judgment, behavior, capacity to recognize reality, or ability to meet the ordinary
demands of life.” (Emphasis added.) R.C. 5101.60(N); 5119.01(A)(14); 5122.01(A).
Finally, Conner argues that the juvenile court “did not delve into the
possible benefits of rehabilitation . . . but rather the court focused solely on the
seriousness of the offenses” and that it treated the proceeding as a mandatory
bindover as opposed to a discretionary bindover. A review of the amenability-
hearing record and the court’s findings refutes Conner’s argument. Moreover, this
and other courts have “repeatedly recognized that ‘the more serious the offense, the
less amenable the juvenile will be to rehabilitation in the juvenile system.’” Johnson,
2015-Ohio-96, at ¶ 43 (8th Dist.), quoting West, 2006-Ohio-3518, at ¶ 24 (4th Dist.).
Our review of the record reveals that the trial court considered all of
the relevant factors in favor of and against transfer. The juvenile court found that
six out of the nine R.C. 2152.12(D) factors favoring transfer applied. The juvenile
court also considered the R.C. 2152.12(E) factors against transfer, finding that none
of them applied. Conner has not identified anything in the court’s findings that is
unsupported by the record. Conner’s disagreement is with the way the trial court
applied the facts in the record to the relevant R.C. 2152.12 factors and the weight
given to the factors by the juvenile court. However, having found that the trial court
weighed the R.C. 2152.12(D) and (E) factors, and made the necessary findings based
on the record before it, we find that the trial court did not abuse its discretion in
finding Conner was not amenable to rehabilitation in the juvenile system. Conner’s
first assignment of error is overruled.
C. Assignment of Error No. 2 — Consecutive Sentence
In the second assignment of error, Conner claims that the trial court
improperly imposed a consecutive sentence, which is clearly and convincingly not
supported by the record.
Conner’s sentence is not subject to appellate review pursuant to
R.C. 2953.08(D)(1), which provides, “A sentence imposed upon a defendant is not
subject to review under this section if the sentence is authorized by law, has been
recommended jointly by the defendant and the prosecution in the case, and is
imposed by a sentencing judge.” The Supreme Court has held that “an agreed-upon
sentence may not be [appealed] if (1) both the defendant and state agree to the
sentence, (2) the trial court imposes the agreed sentence, and (3) the sentence is
authorized by law.” State v. Underwood, 2010-Ohio-1, ¶ 16, citing
R.C. 2953.08(D)(1); see also State v. Thompson, 2025 Ohio-4825, ¶ 14 (1st Dist.)
(concluding that a jointly recommended sentence if imposed, is not reviewable on
appeal). Our court has repeatedly held that “this limitation on a defendant’s ability
to challenge a jointly recommended sentence on appeal applies to sentences
imposed as a result of plea agreements involving an agreed specific term, plea
agreements involving a jointly recommended sentencing range and plea agreements
involving pleas to multiple offenses with a jointly recommended sentencing range.”
State v. Vegil St. Valle, 2024-Ohio-1167, ¶ 16 (8th Dist.), citing State v. Williams,
2020-Ohio-3802, ¶ 8-10 (8th Dist.).
Moreover, this court and others have unequivocally stated that “[i]n
the context of a jointly recommended sentence that includes nonmandatory
sentences, a trial court is not required to make the consecutive sentence findings
under R.C. 2929.14(C)(4) or include those in the sentencing entry.” State v.
Coleman, 2022-Ohio-4013, ¶ 19 (8th Dist.); see also State v. Conners, 2016-Ohio-
3195, ¶ 7 (2d Dist.) (holding that consecutive sentence findings are unnecessary
when a trial court imposes a jointly recommended sentence). When a court
“imposes a jointly recommended sentence, which contemplated consecutive
sentences, without making the R.C. 2929.14(C)(4) findings, the sentence is
nonetheless considered to be “authorized by law” and is not reviewable on appeal
pursuant to R.C. 2953.08(D)(1).” Id. at ¶ 19.
Here, the trial court accepted the jointly recommended aggregate
minimum term of 18 to 25 years. The court imposed a minimum term of 20 years,
which is within the agreed-to range. In addition, the trial court advised Conner at
the change-of-plea colloquy that the jointly recommended sentencing range did not
include the maximum possible term under the Reagan Tokes Law sentencing
structure. The trial court did not deviate from the jointly recommended sentence.
Conner’s only point of disagreement is that the court did not impose a lower, non-
consecutive, sentence within the agreed-upon range. This, however, is not a valid
basis on which to overturn Conner’s sentence.
We, nevertheless, note an error in the sentencing entry.2 Specifically,
the sentencing journal entry does not adhere to the statutory methodology for
calculation of Conner’s indefinite sentence under R.C. 2929.14 and 2929.144(B)(2).
See Ayers-Moore, and Davis. See also State v. Jenkins, 2025-Ohio-2143, ¶ 43 (8th
Dist.) (S.C. Gallagher, J., concurring in judgment only).
The trial court imposed an aggregate stated minimum term of 20
years, and improperly imposed “maximum terms” independently calculated on each
first- and second-degree felony of which Conner was convicted. That is, the
sentencing journal entry provides:
The court imposes a prison sentence at the Lorain Correctional
Institution of 20 year(s). This is an agreed recommended sentence by
the parties. In Count 1, Defendant [is] sentenced to 3 years on the gun
specification, to run prior to and consecutive [to] the underlying
2 The trial court made the same error in the sentencing entries for Conner’s
codefendants. Ayers-Moore, 2026-Ohio-3114 (8th Dist.), and Davis, 2026-Ohio-3338
(8th Dist.).
offense, to which he is sentenced to a minimum of 7 and maximum of
10.5 years, in count 3 the defendant is sentenced to a minimum of 5
year[s] and a maximum of 7.5 years, in count 4 the defendant is
sentenced to 3 years on the gun specification, to run consecutive to the
gun specification in count 1, and prior to and consecutive to the
underlying offense, to which he is sentenced to a minimum of 5 years
and a maximum of 7.5 years, 1 year on count 10, and 1 year on count 11.
Counts 1, 4, 10, and 11 are to run consecutive to each other. The gun
specification in Count 4 shall run consecutive, but the underlying
sentence in count 4, shall run concurrent.
However, where a defendant is convicted of multiple qualifying
offenses, R.C. 2929.144 calls for the imposition of only one indefinite sentence on
the most serious qualifying felony being sentenced. Consequently, the sentence
imposed by the trial court is incorrect and not in compliance with the formula set
forth in R.C. 2929.144. See Jenkins at ¶ 76.
Nevertheless, because this sentencing error was not appealed, it
remains as imposed. See Snyder v. Old World Classics, L.L.C., 2025-Ohio-1875, ¶ 4
(Courts of appeal are limited to reviewing matters presented by the parties.); see
State v. Sailor, 2021-Ohio-2277, ¶ 23 (8th Dist.); see also State v. Wilson, 2006-
Ohio-2750, ¶ 10 (10th Dist.).
The second assignment of error challenging the sentence is overruled.
Judgment affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the
common pleas court to carry this judgment into execution. The defendant’s
convictions having been affirmed, any bail pending appeal is terminated. Case
remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27
of the Rules of Appellate Procedure.
LISA B. FORBES, PRESIDING JUDGE
MICHAEL JOHN RYAN, J., and
SEAN C. GALLAGHER, J., CONCUR