State v. Allison, Unpublished Decision (5-9-2001)
State v. Allison, Unpublished Decision (5-9-2001)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: Defendant Darius Allison has appealed from his sentence by the Summit County Common Pleas Court. This Court reverses and remands the matter to the trial court for resentencing.
The trial court erred by sentencing [Defendant] to a maximum term of incarceration, in violation of the statutory guidelines provided under felony sentencing laws.
In his sole assignment of error, Defendant has asserted that the trial court erred when it imposed the maximum sentence because the trial court failed to comply with State v. Edmonson (1999),
This Court has already determined that, pursuant to Edmonson, the trial court must make findings and give reasons to support those findings before imposing sentences that are not consistent with recent changes in Ohio's sentencing law in which "minimum sentences are favored for first-time imprisonment and maximum sentences are disfavored generally."Edmonson,
Pursuant to R.C.
In reviewing the record in the case at bar, the trial court failed to find that Defendant committed the worst form of the offense or posed the greatest likelihood of committing future crimes. Because the trial court did not make the requisite findings under R.C.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the County of Summit, Court of Common Pleas, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E).
Costs taxed to Appellee.
Exceptions.
_____________________________________ WILLIAM G. BATCHELDER
BATCHELDER, P.J., CARR, J. CONCURS.
WHITMORE, J., CONCURS IN JUDGMENT ONLY.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.