State v. Walker, Unpublished Decision (8-31-2001)
State v. Walker, Unpublished Decision (8-31-2001)
Opinion of the Court
The facts relevant to this appeal are as follows. On October 15, 1997, appellant was sentenced to seven consecutive five-year prison terms for aggravated robbery and seven three-year prison terms for firearms specifications, all to be served consecutively. Appellant was also sentenced to four additional five-year prison terms for aggravated robbery and kidnapping to be served concurrently with the consecutive sentences.
On direct appeal, we affirmed appellant's conviction. See State v.Walker (Aug. 6, 1999), Lucas App. No. L-97-1405, unreported. On December 8, 2000, appellant filed an application to reopen his appeal pursuant to App.R. 26(B) and State v. Murnahan (1992),
Appellant now raises the following assignments of error:
"I. IT CONSTITUTED ERROR TO IMPOSE CONSECUTIVE SENTENCES WITHOUT SETTING FORTH REASONS AS REQUIRED BY R.C. §
2929.19 (B)(2)(C). (Judgment Entry filed 10/15/97; sentencing hearing)"II. IT CONSTITUTED ERROR TO IMPOSE CONSECUTIVE SENTENCES THAT ARE DISPROPORTIONATE TO THE SERIOUSNESS OF THE CONDUCT CONSTITUTING THE OFFENSES OF CONVICTION. (Judgment Entry filed 10/15/97; sentencing hearing)"
In his first assignment of error, appellant argues that the trial court, in sentencing appellant to consecutive sentences, failed to set forth its reasons as required under R.C.
In addition to the necessary findings under former R.C.
We have carefully reviewed the transcript of appellant's sentencing hearing and find that the court failed to state its reasons for imposing consecutive sentences as required under R.C.
Appellant, in his second assignment of error, argues that the consecutive sentences imposed are disproportionate to the seriousness of appellant's conduct. Based upon our disposition of appellant's first assignment of error, we find that the assigned error is moot.
On consideration whereof, the sentence rendered by the Lucas County Court of Common Pleas is vacated and this case is hereby remanded for further proceedings consistent with this decision. Court costs of this appeal are assessed to appellee.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Mark L. Pietrykowski, P.J., Peter M. Handwork, J. and Melvin L. Resnick, J. CONCUR.
"(3) If multiple prison terms are imposed on an offender for convictions of multiple offenses, the court may require the offender to serve the prison terms consecutively if the court finds that the consecutive service is necessary to protect the public from future crime or to punish the offender and that consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public, and if the court also finds any 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 "(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."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.