State v. Moran, Unpublished Decision (4-20-2001)
State v. Moran, Unpublished Decision (4-20-2001)
Opinion of the Court
OPINION
On November 27, 1996, the Licking County Grand Jury indicted appellant, Jerry E. Moran, on two counts of aggravated robbery in violation of R.C.I THE TRIAL COURT COMMITTED HARMFUL ERROR IN SENTENCING THE DEFENDANT TO CONSECUTIVE SENTENCES.
b) The harm caused by the multiple offenses was so great or unusual that no single prison term for any of the offenses committed as part of a single course of conduct adequately reflects the seriousness of the offender's conduct.
c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender.
During the sentencing hearing, the trial court found consecutive sentences were appropriate "because of the plan used, the great harm that was caused psychologically to these people." March 4, 1997 T. at 8. In its judgment entry on sentencing filed March 4, 1997, the trial court found "[t]he defendant's history of criminal conduct demonstrates that the defendant is likely to commit future crimes, and does not demonstrate remorse." While the trial court did not set forth the "magic words" of the statute, we find the trial court's findings, when taken together, fulfill the requirements of R.C.
Appellant's sole assignment of error is denied. The judgment of the Court of Common Pleas of Licking County, Ohio is hereby affirmed.
__________ Farmer, J.
Gwin, J. concurs.
Edwards, P.J. dissents.
Dissenting Opinion
I respectfully dissent from the majority in its analysis and disposition of the appellant's sole assignment of error. In State v. Edmonson (1999),
______________________ Julie A. Edwards, P.J.
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