State v. Taylor, Unpublished Decision (1-29-2001)
State v. Taylor, Unpublished Decision (1-29-2001)
Opinion of the Court
Appellant was indicted in 1999 on one count of corruption of a minor in violation of R.C.
In his sole assignment of error, appellant argues that the trial court erred when it sentenced him to a prison term after revoking his community control sanction. Appellant first contends that the trial court violated R.C.
We begin with appellant's contention that the trial court violated R.C.
R.C.
If the sentencing court determines at the sentencing hearing that a community control sanction should be imposed and the court is not prohibited from imposing a community control sanction, the court shall impose a community control sanction. The court shall notify the offender that, if the conditions of the sanction are violated, the court may impose a longer time under the same sanction, may impose a more restrictive sanction, or may impose a prison term on the offender and shall indicate the specific prison term that may be imposed as a sanction for the violation, as selected by the court from the range of prison terms for the offense pursuant to [R.C.] 2929.14[.] (Emphasis added.)
R.C.
If the conditions of a community control sanction * * * [are] violated, the sentencing court may impose a longer time under the same sanction * * *, may impose a more restrictive sanction * * *, or may impose a prison term on the offender pursuant to [R.C.] 2929.14. * * * The prison term, if any, shall be within the range of prison terms available for the offense for which the sanction that was violated was imposed and shall not exceed the prison term specified in the notice provided to the offender at the sentencing hearing pursuant to [R.C.] 2929.19 (B)(3) [sic]. (Emphasis added.)
Unlike appellant, we do not believe that a sentencing court is required to notify a defendant of the exact prison term that will be imposed as a sanction for violating a community control sanction. R.C.
The goal of R.C.
That being said, we now consider whether appellant was properly notified of the specific prison term that would be imposed for violating community control sanction. During the guilty plea hearing, the trial court advised appellant as follows:
And as an attempt to corrupt a minor this is a felony of the fifth degree and carries a possible sentence of from six to twelve months incarceration in a state institution, it carries a possible maximum fine of $2,500, or both.
* * *
You also understand that if I place you on a community control or probation and you violate any term or condition of that, that I could impose up to the maximum sentence of twelve months. * * * (Emphasis added.)
During the original sentencing hearing, the trial court again advised appellant that
This case, in reviewing the factors set forth in the statutes of Ohio, * * * though it's a felony of the fifth degree, the Court can overcome the presumption against incarcerating you in a state penitentiary by virtue of the fact this is a sex offense, and by virtue of that alone the Court can send you to prison for twelve months[.]
* * *
I don't want to mislead you either. This isn't going to be easy, and you may not like some of the things you have to do, but you're going to do them or you'll be back in front of me with respect to your violation of your probation and community control, and frankly I'm only going to give you one chance here, do you understand?
* * *
Don't let us down, Mr. Taylor, don't let yourself down, because the next step is being locked up for a year on this charge. * * * (Emphasis added.)
The original judgment entry sentencing appellant to community control, in turn, plainly and clearly warned appellant that "violation of any of this sentence shall lead to more restrictive sanctions, longer control sanctions, or a prison term of up to twelve (12) months." (Emphasissic.)
The trial court's admonitions both at the guilty plea and sentencing hearings, and the original judgment entry sentencing appellant to community control clearly put appellant on notice that if he violated his community control sanction, he could be sentenced to up to twelve months. We perceive no prejudice to appellant caused by the trial court's imposition of a shorter sentence than the one the court warned appellant about. In light of the foregoing, we therefore find that the trial court properly notified appellant, in compliance with R.C.
Appellant also contends that the trial court failed to make any of the statutory findings required under R.C.
Contrary to appellant's assertion, "a trial court need not follow the provisions of R.C.
R.C.
[I]f the court imposing a sentence upon an offender for a felony elects or is required to impose a prison term on the offender and if the offender previously has not served a prison term, the court shall impose the shortest prison term authorized for the offense pursuant to [R.C.
2929.14 (A)], unless the court finds on the record that the shortest prison term will demean the seriousness of the offender's conduct or will not adequately protect the public from future crime by the offender or others.
In its judgment entry revoking community control, the trial court specifically found that "pursuant to [R.C.] 2929.14(B) * * * the shortest prison term will demean the seriousness of the Defendant's conduct and that the shortest prison term will not adequately protect the public from future crime by the Defendant or others." We therefore find that the trial court properly followed the statutory requirements of R.C.
Even assuming, arguendo, that the trial court was also required to make findings pursuant to R.C.
(1) [I]n sentencing an offender for a felony of the fourth or fifth degree, the sentencing court shall determine whether any of the following apply:(a) In committing the offense, the offender caused physical harm to a person.
(b) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person with a deadly weapon.
(c) In committing the offense, the offender attempted to cause or made an actual threat of physical harm to a person, and the offender previously was convicted of an offense that caused physical harm to a person.
(d) The offender held a public office or position of trust and the offense related to that office or position; * * *
(e) The offender committed the offense for hire or as part of an organized criminal activity.
(f) The offense is a sex offense that is a fourth or fifth degree felony in violation of * * * [R.C] 2907.04 * * *.
(g) The offender previously served a prison term.
(h) The offender previously was subject to a community control sanction, and the offender committed another offense while under the sanction.(2)(a) If the court makes a finding described in [R.C. 2929](B) (1)(a), (b), (c), (d), (e), (f), (g), or (h) * * * and if the court after considering the factors set forth in [R.C.]
2929.12 , finds that a prison term is consistent with the purposes and principles of sentencing set forth in [R.C.]2929.11 and finds that the offender is not amenable to an available community control sanction, the court shall impose a prison term upon the offender.
Appellant was convicted of attempted corruption of a minor, a fifth degree felony, in violation of R.C.
[f]or reasons stated on the record, and after considering the factors under [R.C.]2929.12 , the Court finds that community control sanctions are no longer consistent with the purposes and principles of sentencing in [R.C.]2929.11 ; that prison is consistent with the purposes and principles of sentencing in [R.C.]2929.11 ; and that the Defendant is no longer amenable to available community control sanctions.
In light of all of the foregoing, we find that the trial court properly followed all of the applicable statutory requirements when it revoked appellant's community control sanction and imposed a prison term. We therefore hold that the trial court did not err when it sentenced appellant to an eleven-month prison term after revoking his community control sanction. Appellant's sole assignment of error is overruled.
Judgment affirmed.
POWELL, P.J., and VALEN, J., concur.
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