Mahoning man wants 112-year sentence for crimes committed at 15 reduced


COLUMBUS

The Ohio Supreme Court will hear oral arguments Wednesday in the case of a Mahoning County defendant who says the 112-year prison term he received for the rape, robbery and kidnapping offenses he committed when he was 15 is cruel and unusual punishment in violation of the 8th Amendment to the U.S. Constitution.

The sentence was imposed on Brandon Moore by Judge R. Scott Krichbaum of Mahoning County Common Pleas Court after Moore was tried and convicted as an adult for crimes he committed Aug. 21, 2001.

Moore’s appeal is based on the U.S. Supreme Court’s 2010 Graham v. Florida decision, which ruled it’s unconstitutional to sentence juveniles to life in prison without parole unless they commit murder.

He argues that his sentence amounts to life without parole because his earliest release eligibility would be at the age of 92.

However, Ralph Rivera, an assistant Mahoning County prosecutor, said Moore’s case differs from Graham because Moore received maximum consecutive sentences totaling 112 years for kidnapping and multiple counts of aggravated robbery and rape with firearm specifications, whereas Terrence Graham received life in prison without parole for one offense — an armed home robbery he committed at age 17.

Read more about the case in Saturday's Vindicator or on Vindy.com.