Ohio Court of Appeals, 2001

State v. Moran, Unpublished Decision (4-20-2001)

State v. Moran, Unpublished Decision (4-20-2001)
Ohio Court of Appeals · Decided April 20, 2001 · Farmer, J.

State v. Moran, Unpublished Decision (4-20-2001)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. 2911.01(A)(1). Said charges arose from incidents wherein appellant robbed two stores while using a BB gun. On February 11, 1997, appellant pled no contest. By judgment entry filed March 4, 1997, the trial court sentenced appellant to four years on each count, to be served consecutively. Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

I THE TRIAL COURT COMMITTED HARMFUL ERROR IN SENTENCING THE DEFENDANT TO CONSECUTIVE SENTENCES.

I
Appellant claims the trial court erred in sentencing him to consecutive sentences. Specifically, appellant claims the trial court failed to comply with the requirements of R.C. 2929.14. We disagree. The standard of review is whether we can clearly and convincingly find that the imposition of consecutive sentences was contrary to law. R.C. 2953.08. R.C. 2929.14 contains certain requirements that must be met before consecutive sentences may be imposed. In order to impose consecutive sentences when an offender is convicted of multiple offenses, a court must find consecutive service is necessary to protect the public from future crime or to punish the offender, the seriousness of the offenses requires consecutive service, or the danger posed to the public by the offender is great unless consecutive service is required. R.C.2929.14(E)(3). In addition, the statute provides that the trial court must find one or more of the following: a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section 2929.16, 2929.17 or2929.18 of the Revised Code, or was under post-release control for a prior offense.

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. 2929.14(E)(3).

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), 86 Ohio St.3d 324, the Ohio Supreme Court found that "[t]he structure of the various sentencing statutes suggests that the General Assembly approached felony sentencing by mandating a record reflecting that judges considered certain factors and presumptions to confirm that the court's decision-making process included all of the statutorily required sentencing considerations." Edmonson at p. 327. While Edmonson post dates the case sub judice, Edmonson does deal with the purpose of the sentencing statutes. Those statutes have undergone some modifications between the date of the offense in the case sub judice and the Edmonson case, but none of those modifications have been drastic enough to indicate that the Edmonson rationale is not relevant to an interpretation of the purpose of the sentencing statutes. Therefore, I would conclude that the trial court in the case sub judice, in imposing consecutive service, should have indicated in the record that it considered R.C. 2929.14(E)(3) and should have specified and set forth the statutory language it used to support that sentence. I find that in the case sub judice the trial court did not do this. Neither on the record at the sentencing hearing nor in the March 4, 1997, Sentencing Judgment Entry did the trial court conclude that consecutive service was necessary to protect the public from future crime or to punish the offender. Nor did the trial court state that the seriousness of the offenses required consecutive service, or that the danger posed to the public by the offender was great. Finally, the record reveals that the trial court failed to make any of the findings required by R.C. 2929.14(E)(3)(a) through (c) prior to imposing consecutive sentences on appellant. R.C.2929.14(E)(3) is not referred to at the sentencing hearing nor in the sentencing Judgment Entry. In sum, I would find that the trial court erred in not specifying the statutory language that it used to support the imposition of consecutive service. I would, therefore, sustain appellant's sole assignment of error, vacate appellant's sentence and remand this matter to the trial court for resentencing.

______________________ Julie A. Edwards, P.J.

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