State v. Copeland, Unpublished Decision (3-2-2000)
State v. Copeland, Unpublished Decision (3-2-2000)
Opinion of the Court
On March 3, 1998, the Cuyahoga County Grand Jury returned a three-count indictment of the appellant. Count one alleged the appellant had trespassed on the land and premise of Lynette Kilpatrick with intent to commit a felony, a violation of R.C.
The appellant was tried and convicted on all counts. On September 18, 1999, appellant was sentenced to six months incarceration pursuant to count one, six years of incarceration pursuant to counts two and three. Counts two and three were set to run consecutively, an aggregate of twelve years. Count one was set to run concurrently with counts two and three.
On January 14, 1999, appellant filed a Motion to File a Delayed Appeal. On February 1, 1999, we granted appellant's motion. Appellant cites one assignment of error for our review.
R.C.
". . . 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 posses to the public. . . ."
Furthermore, the court must also make a determination that one of the factors in R.C.
The sentence of the trial court is reversed and remanded for sentencing consistent with R.C.
JUDGMENT REVERSED.
This cause is reversed and remanded for further proceedings consistent with the opinion herein.
It is, therefore, considered that said appellant recover of said appellee his costs herein.
It is ordered that a special mandate be sent to said court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Exceptions.
JUDGMENT: REVERSED AND REMANDED.
TERRENCE O'DONNELL, P.J., and MICHAEL J. CORRIGAN, J., CONCUR.___________________________ JAMES D. SWEENEY JUDGE
Case-law data current through December 31, 2025. Source: CourtListener bulk data.