State v. Graphenreed, Unpublished Decision (10-22-2001)
State v. Graphenreed, Unpublished Decision (10-22-2001)
Opinion of the Court
OPINION
The appellant, James L. Graphenreed, Jr. ("appellant"), appeals the judgment of the Auglaize County Court of Common Pleas, sentencing him to a total of thirty-six (36) months in prison after he pled guilty to two counts of Corruption of a Minor, in violation of R.C.The pertinent facts and procedural history are as follows: On July 7, 2000, the appellant, age 28, and another adult friend, participated in a game of "strip-dare" with a 14 year old girl. During the course of the game, the appellant and the young girl engaged in oral sex and sexual intercourse. The appellant and the girl had several other sexual encounters after that night.
The appellant was originally indicted on four counts of Corruption of a Minor. Pursuant to a plea agreement, he pled to and was convicted of two of the original counts. Subsequently, a sexual predator status and sentencing hearing was held. The trial court found that the state failed to meet its burden and declined to classify the appellant as a sexual predator. The trial court then imposed two maximum sentences of eighteen (18) months imprisonment, to be served consecutively.
The appellant now appeals, presenting two assignments of error for our review.
The trial court committed prejudicial error when it failed to properly follow the sentencing criteria set forth in Ohio Revised Code, Sections2929.13 and2929.14 resulting in defendant-appellant receiving a maximum sentence on each count, which is contrary to law.
The trial court's ordering the sentences of the defendant-appellant to be served consecutively to each other was unsupported by the record and was contrary to law.
The appellant argues that the record does not support the trial court's decision to impose the maximum possible prison sentence, nor the trial court's decision that the two eighteen (18) month sentences should be served consecutively. Thus, he asserts that his sentence is contrary to law. For the following reasons, we disagree with both of the appellant's assignments of error.
According to R.C.
In the case of a fourth degree felony like the one for which the appellant was convicted, the sentencing court is required to consider the applicability of factors set forth in R.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.
This Court had repeatedly held that "it is the trial court's findings under R.C.
Under Ohio felony sentencing law, a trial court must make certain findings prior to sentencing a defendant to consecutive sentences. R.C.
(4) 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 * * * 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.
This Court has held that when consecutive sentences are imposed under R.C.
R.C.
A review of the record in this case reveals that the trial court meticulously followed the sentencing guidelines, citing to specific facts presented at the hearing to support each of its findings under R.C.
The trial court also set forth on the record at the sentencing hearing its specific reasons for imposing the maximum prison term. In doing so, the court pointed to factual evidence to support that decision as well. Although the appellant might like to quibble with the trial court's evaluation of the evidence presented at his hearing, we find that its determinations were amply supported.
With regards to its decision to make the sentences run consecutively, the trial court made the necessary findings under R.C.
Accordingly, the appellant's first and second assignments of error are overruled.
Having found no error prejudicial to the appellant herein, in the particulars assigned and argued, we affirm the judgment of the trial court.
SHAW and BRYANT, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.