State v. Banks, Unpublished Decision (6-1-2001)
State v. Banks, Unpublished Decision (6-1-2001)
Opinion of the Court
OPINION
Defendant, Steven Banks, appeals from his conviction and sentence for forgery.Defendant was indicted on three counts of forgery, R.C.
ASSIGNMENT OF ERROR
THE SENTENCE IMPOSED IS ILLEGAL IN THAT IT FAILS TO CONSIDER SENTENCING FACTORS AS MANDATED BY O.R.C.
2929.14 (C).
Defendant pled guilty to a felony of the fifth degree. The sentence imposed by the trial court for that offense, twelve months, while the maximum sentence allowable, is nevertheless within the statutory limits and therefore authorized by law. R.C.
(C) Except as provided in division (G) of this section or in Chapter 2925. of the Revised Code, the court imposing a sentence upon an offender for a felony may 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, upon offenders who pose the greatest likelihood of committing future crimes, upon certain major drug offenders under division (D)(3) of this section, and upon certain repeat violent offenders in accordance with division (D)(2) of this section.
Defendant argues that because the trial court failed to find that he committed "the worst form of the offense," the requirements of R.C.
R.C.
A sentence imposed upon a defendant is not subject to review under this section if the sentence is authorized by law, has been recommended jointly by the defendant and the prosecution in the case, and is imposed by a sentencing judge.
The sentence imposed on Banks by the trial court is the sentence contemplated by both parties in the plea agreement. As part of that plea agreement, both parties stipulated that Defendant was to receive a sentence of twelve months imprisonment. By sentencing Defendant in accord with the terms of the plea agreement, the trial court imposed a sentence that had been recommended jointly by the defendant and the prosecution. Accordingly, pursuant to R.C.
Even if R.C.
Prior to imposing its sentence in this case, the trial court made several findings: that a prison term is consistent with the principles and purposes of felony sentencing, R.C.
The assignment of error is overruled. The judgment of the trial court will be affirmed.
__________ GRADY, J.,
WOLFF, P.J. and BROGAN, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.