State v. Brown, Unpublished Decision (2-11-2000)
State v. Brown, Unpublished Decision (2-11-2000)
Opinion of the Court
"AS APPELLATE REVIEW IS THE ONLY MEANS TO ENSURE THAT SENTENCES AT THE MARGINS OF THE SENTENCING RANGES ARE NEITHER RANDOM, CAPRI CIOUS, NOT IN VIOLATION OF DUE PROCESS PRIN CIPLES, THIS COURT SHOULD REQUIRE A TRIAL COURT TO PROVIDE SPECIFIC FACTS RATIONALE SUPPORTING A COURTS STATUTORY FINDINGS BEFORE ALLOWING A COURT TO IMPOSE CONSECUTIVE SEN TENCES IN ACCORD WITH R.C.
2929.14 ."
This case began with a twenty-six count indictment charging appellant with gross sexual imposition and rape. The indictment alleged that appellant engaged in unlawful sexual behavior with his two minor, adopted daughters, for a period of time that spanned eleven years. Appellant ultimately entered guilty pleas to three of the twenty-six counts. He was sentenced to a prison term of not less than five nor more than fifteen years for the pre-senate bill 2 offense of endangering children, a violation of R.C.
R.C.
"The court shall impose a sentence and shall make a finding that gives its reasons for selecting the sentence imposed in any of the following circumstances:
"* * *
"If it imposes consecutive sentences under section
2929.14 of the Revised Code, its reasons for imposing the consecutive sentences."
R.C.
"If multiple prison terms are imposed on an offender for convictions of multiple offenses, the court may require the offender to serve the prison terms consecutively if the court finds that the consecutive service is necessary to protect the public from future crime or to punish the offender and that consecutive sentences are not disproportion ate to the seriousness of the offender's conduct and to the danger the offender poses to the public, and if the court also finds any of the following:
"(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
2929.16 ,2929.17 , or2929.18 of the Revised Code, or was under post-release control for a prior offense."(b) The harm caused by the multiple offenses was so great or unusual that no single prison term for any of the offenses committed as part of a single course of conduct adequately reflects the seriousness of the offender's conduct.
"(c) The offender's history of criminal con duct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
In State v. Edmonson1 (1999),
"[T]he court finds that it is necessary to protect the public and punish the offender that these sentences be served consecutively. The court finds that such action is not disproportionate to the conduct of the defendant and that the harm he caused is so great that concurrent terms would not properly reflect the seriousness of his conduct."
Appellant contends that the trial judge erred in failing to set forth its reasons for making the above findings. We disagree. In sentencing appellant, the judge emphasized the parent-child relationship appellant had with his victims making his offense "the most egregious, the worst of any conduct which could be committed in this offense." The judge also referred to a Court Diagnostic and Treatment Center report which concluded that there was a high likelihood appellant would reoffend. Viewing appellant's sentencing hearing in its entirety, we find that the trial judge did set forth his reasons for sentencing appellant consecutively. Accordingly, appellant's sole assignment of error is found not well-taken.
On consideration whereof, the court finds that substantial justice has been done the party complaining, and the judgment of the Sandusky County Common Pleas Court is affirmed. Costs assessed to appellant.
JUDGMENT AFFIRMED.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
PETER M. HANDWORK, J., MELVIN L. RESNICK, J., and MARK L. PIETRYKOWSKI, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.