State v. Humphrey, Unpublished Decision (9-13-2000)
State v. Humphrey, Unpublished Decision (9-13-2000)
Opinion of the Court
As part of a plea bargain, defendant-appellant, Harold Humphrey, pleaded guilty to and was convicted of two counts of breaking and entering pursuant to R.C.
In his sole assignment of error, Humphrey contends that the trial court's sentence was contrary to law. First, he argues that the trial court should not have sentenced him to serve a prison term for each of the offenses. The trial court found that Humphrey had previously served a prison term and that he was under community control when he committed the offenses, as required by R.C.
Humphrey next argues that the trial court erred in imposing the maximum sentence for each offense. The trial court found that Humphrey had committed the worst form of the offense and that he posed the greatest likelihood of recidivism. The court based these findings on Humphrey's numerous prior convictions, his two previous prison terms, his community-control status when the offenses occurred, and the significant financial loss suffered by the victim as the result of the offenses. Consequently, the trial court made the findings required by R.C.
Finally, Humphrey argues that the trial court erred in imposing consecutive sentences. The trial court found, as required by R.C.
Under the circumstances, we cannot say that the trial court's sentences were not supported by clear and convincing evidence or that they were contrary to law, and, therefore, we will not disturb the trial court's sentences. R.C.
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., WINKLER and SHANNON, JJ.
Raymond E. Shannon, retired, from the First Appellate District, sitting by assignment.
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