State v. Satterfield, Unpublished Decision (8-2-2000)
State v. Satterfield, Unpublished Decision (8-2-2000)
Opinion of the Court
The first assignment of error is overruled, even though, for purposes of this appeal, we accept its premise that the trial court erred in refusing to allow William Satterfield, at his revocation hearing, to call as a witness the victim of the offenses that had given rise to the allegation that he had violated the conditions of his community control by failing to obey all laws.
Satterfield was also charged with failing to meet his financial obligations under the tenth condition of his community control. That condition required him to pay a fine and court costs. The record shows that Satterfield failed to make the required payments. His failure to make a good-faith effort to pay the fine and costs was a sufficient basis for the trial court to revoke his community control. See State v. Jackson (Feb. 17, 1993), Hamilton App. No. C-920301, unreported; State v. Dennis (Apr. 1, 1987), Summit App. No. 12751, unreported. The trial court had the discretion to revoke the community control upon the finding of a violation of any condition. See State v. Martin (1978),
The second assignment of error, which alleges that the trial court erred in sentencing Satterfield to consecutive terms of imprisonment for the community-control violation and for a felonious-assault conviction in another case, is also overruled.
A prison term that is imposed upon an offender who violates the conditions of community control must be imposed pursuant to R.C.
In imposing consecutive sentences for the community-control violation and for the felonious assault, the trial court found that Satterfield (1) had viciously beaten the female victim of the felonious assault with a brick, causing serious physical harm; (2) was on community control at the time of the offense; (3) had prior unsuccessful probation or parole; (4) had a history of violent offenses; (5) was a "dangerous man"; (6) showed no remorse; and (7) posed a great risk for recidivism. Taking into consideration all these facts, we hold that the trial court made sufficient findings to impose consecutive sentences. We do not clearly and convincingly find that the record does not support the sentence.
Therefore, the judgment of the trial court is affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Doan, P.J., Gorman and Sundermann, JJ.
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