State v. Helms, Unpublished Decision (8-25-2000)
State v. Helms, Unpublished Decision (8-25-2000)
Opinion of the Court
Appellant sets forth the following assignment of error:
"Assignment of Error
"THE TRIAL COURT ERRED IN IMPOSING CONSECUTIVE SENTENCES UPON APPELLANT WITHOUT MAKING THE FINDINGS MANDATED BY R.C.
2929.14 (E)."
The following facts are relevant to this appeal. On May 10, 1999, appellant was indicted on one count of aggravated burglary in violation of R.C.
On June 21, 1999, appellant withdrew his previously entered not guilty plea and pled guilty to one count of aggravated burglary and one count of attempted abduction, a lesser offense of the kidnaping count. On July 15, 1999, the trial court sentenced appellant to a term of nine years incarceration on count one and to a term of seventeen months on count two. The court ordered the sentences to be served consecutively. Appellant filed a timely notice of appeal.
In his assignment of error, appellant argues that the trial court erred in imposing consecutive sentences upon him without making the findings mandated by R.C.
As this court has previously stated in State v. Cooks
(1997),
"* * * R.C.
2929.11 defines the overarching policy considerations underlying felony sentencing in this state. The statute specifically states:"`(A) * * * The overriding purposes of felony sentencing are to protect the public from future crime by the offender and others and to punish the offender. * * *
"(B) A sentence imposed for a felony shall be reasonably calculated to achieve the two overriding purposes of felony sentencing * * * commensurate with and not demeaning to the seriousness of the offender's conduct * * *.'
"R.C.
2929.12 makes clear that, unless a prison term is statutorily mandated, the implementation of the principles set forth in R.C.2929.11 rest in the sound discretion of the court. The statute also sets forth a number of factors which the court is directed to consider in the exercise of that discretion. R.C.2929.12 (B)-(E)."
A court's discretionary decisions will not be reversed on appeal absent an abuse of discretion. The term "abuse of discretion" denotes more than an error in law or of judgment, but that the court's attitude is arbitrary, unreasonable or unconscionable.State v. Long (1978),
At the sentencing hearing, the trial court specifically noted that the victim of the offense suffered serious psychological and economic harm as a result of the offense and that the offender's relationship with the victim facilitated the offense. Both factors statutorily weighed in favor of a conclusion that the offense was more serious than normal. R.C.
R.C.
In the case sub judice, at the sentencing hearing, the trial court specifically noted that the sentences be served consecutively to fulfill the purposes of R.C.
In its judgment entry, the court stated that the shortest sentence would, "* * * demean the seriousness of the offense AND [sic] will not adequately protect the public * * *." Additionally, the court stated that consecutive sentences were "necessary to fulfill the purposes of R.C.
Upon review, the trial court's sentencing hearing statements and the judgment entry are sufficient to satisfy the requirements of R.C.
Accordingly, appellant's assignment of error is found not well-taken.
On consideration whereof, the court finds that the defendant was not prejudiced or prevented from having a fair trial, and the judgment of the Lucas County Court of Common Pleas is affirmed. It is ordered that appellant pay court costs for this appeal.
Peter M. Handwork, J., Richard W. Knepper, P.J.,Mark L. Pietrykowski, J., CONCUR.
"(4) 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 disproportionate 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 "(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 conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.