State v. Hill, Unpublished Decision (9-26-2000)
State v. Hill, Unpublished Decision (9-26-2000)
Opinion of the Court
THE TRIAL COURT ERRED BY IMPOSING THE MAXIMUM ALLOWABLE SENTENCE WITHOUT SPECIFICALLY FINDING THE FACTORS SET FORTH IN R.C.
2929.14 (C).
Because the trial court failed to make the requisite findings, we reverse.
On August 17, 1998, defendant entered a guilty plea to one count of possession of cocaine, a felony of the fifth degree. The court ordered a pre-sentence investigation. At the October 25, 1999 sentencing hearing, the court imposed twelve months of incarceration, the maximum sentence. Defendant's single assignment of error asserts the trial court erred in imposing the maximum sentence without specifically finding the factors required by R.C.
The Supreme Court in State v. Edmonson (1999),
"[T]he court imposing a sentence upon an offender for a felony may impose the longest prison term authorized for the offense * * * only upon offenders who committed the worst forms of the offense, upon offenders who pose the greatest likelihood of committing future crimes, upon certain major drug offenders * * * and upon certain repeat violent offenders * * *." (Emphasis sic.) Id. at 328.
Under R.C.
While R.C.
Here, the trial court found defendant "was out on bail before trial or under court sanction or under post release control or parole when the offense was committed. Prior adjudication of delinquency or history of criminal convictions, failure to respond favorably in the past to probation or parole, failure to acknowledge a pattern of drug or alcohol abuse as relates to this offense. No genuine remorse. Also, the record should reflect that she capiased from her PSI interview. She capiased from her September twenty-eighth, nineteen-ninety-eight sentencing. So she's been capiased for over a year. The Court finds that recidivism is likely." (Tr. 4-5.)
Here, the court found defendant likely would commit future crimes. The statute, however, requires that the court find, as relevant to the recidivism element of R.C.
Accordingly, defendant's single assignment of error is sustained, the judgment of the trial court is reversed, and this matter is remanded to the trial court for further proceedings consistent with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.