State v. Thomas, Unpublished Decision (11-21-2000)
State v. Thomas, Unpublished Decision (11-21-2000)
Opinion of the Court
The defendant was charged by secret indictment with the offense of gross sexual imposition. Regarding the particular circumstances of this offense, defendant's ex-wife reported to police that he forced her to have sex with him. On May 3, 2000, defendant entered a plea of guilty on the charge. The trial court subsequently conducted a sentencing hearing. The transcript of the hearing indicates the trial court gave defense counsel an opportunity to speak on behalf of defendant, heard a statement from defendant, also heard a statement from Mary Thomas, the victim in the case, and reviewed the pre-sentence investigation report from the Adult Parole Authority and the victim impact statement. The trial court then sentenced defendant on the gross sexual imposition charge, a felony of the fourth degree, to the maximum term of eighteen months imprisonment. The trial court also adjudged defendant to be a sexually oriented offender.
Defendant now appeals, asserting the following three assignments of error:
The trial court erred when it imposed the maximumsentence.
The trial court erred when it imposed more than the minimum sentence.
Appellant received the maximum sentence as a direct result of the ineffectiveness of his trial counsel.
In his first assignment of error, defendant raises two arguments why the trial court's imposition of the maximum prison term should be reversed. The dispositive argument in this case concerns whether the trial court failed to follow the proper sentencing procedures because it did not provide its reasons for imposing the maximum sentence.
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:
* * *
(d) If the sentence is for one offense and it imposes a prison term for the offense that is the maximum prison term allowed for that offense by [R.C.
2929.14 (A)], its reasons for imposing the maximum prison term[.]
Similarly, R.C.
[M]ay impose the longest prison term authorized for the offense pursuant to division (A) of this section only upon offenders who committed the worst forms of the offense, * * * [or] who pose the greatest likelihood of committing future crimes * * *.
This court has stated in State v. Martin (1999),
"In order for an appellate court to adequately review the trial court's reasons for selecting the maximum prison sentence, as well as the trial court's consideration of the seriousness of the offense, we conclude that a trial court making the sentencing determination must list those factors set forth in R.C.
2929.12 (B), (C), (D) and (E) that are present in the case under review. After making such a list, the trial court must explain how an analysis and a weighing of those factors support an imposition of the maximum prison sentence as allowed under R.C.2929.14 (C). Without such an analysis, an appellate court is unable to determine whether the trial court in a sentencing hearing fulfilled its obligation to consider those factors specified under R.C.2929.19 (B), (C), (D) and (E)."
Id. at 362, quoting State v. Hess (May 13, 1999), Franklin App. No. 98AP-983, unreported, 1999 WL 352993.
Further, we held that a mere recitation by the trial court that it has considered the matters required by the sentencing statutes will not suffice. Martin, supra, at 362.
At the defendant's sentencing hearing, the trial court made several findings. First, the trial court found two of the factors listed in R.C.
However, it is apparent that the trial court failed to properly consider the R.C.
Because the trial court failed to utilize the R.C.
In accordance with this opinion, we reverse the sentence of the trial court and remand this case for a new sentencing hearing.
________________________ SHAW, J.
HADLEY, P.J. and BRYANT, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.