State v. Wynn, Unpublished Decision (10-3-2001)
State v. Wynn, Unpublished Decision (10-3-2001)
Opinion of the Court
The court sentenced Wynn to nine years for attempted murder, to run consecutively with three years for aggravated robbery. Counts three and four (aggravated burglary and felonious assault respectively) were merged as allied offenses of similar import. Wynn was sentenced to six months for burglary, concurrent to his aggregate twelve year sentence.
Wynn has now appealed, alleging one assignment of error.
The trial court erred when it sentenced appellant to serve the consecutive sentences of nine years on the offense of attempted murder and three years on the offense of aggravated robbery, without making the requisite three tiered analysis on the record as mandated by R.C.2929.19 (B).
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 Court of Common Pleas, County of Lorain, State of Ohio, 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 Appellant.
Exceptions.
BAIRD, J. CONCURS
Dissenting Opinion
Because the trial court did not make the R.C.
Accordingly, I would sustain Appellant's assigned error and remand this case to the trial court with an order to set forth its findings at the sentencing hearing when imposing consecutive sentences.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.