State v. Mango, Unpublished Decision (12-11-2002)
State v. Mango, Unpublished Decision (12-11-2002)
Opinion of the Court
OPINION
[¶ 1] This timely appeal arises from appellant's guilty plea and subsequent sentencing in the Mahoning County Court of Common Pleas. Appellant, Steve Mango, argues that the sentencing entry is not sufficient to support the imposition of the maximum sentence, consecutive sentences, or a deviation from the prosecutor's recommended sentence. Appellant's arguments are not persuasive and the assigned errors are hereby overruled.[¶ 2] On May 9, 2001, appellant pleaded guilty to one count of failure to comply with an order of a police officer in violation of R.C.
[¶ 3] On August 21, 2001, appellant was sentenced. Pursuant to his Crim.R. 11 plea agreement, the prosecutor recommended a total sentence of eight years. Instead of following that recommendation, the court sentenced appellant to three years in prison for failure to comply, ten years for involuntary manslaughter (to run consecutively), five years for robbery (to run concurrently), and six months on each of the two theft counts (to run concurrently). The sentence totaled thirteen years of imprisonment. The sentence for involuntary manslaughter was the maximum for that crime.
[¶ 4] The court filed its sentencing judgment entry on September 17, 2001. Appellant filed his timely notice of appeal the same day.
[¶ 5] Appellant's first assignment of error asserts:
[¶ 7] Appellant argues that the record does not support the trial court's conclusion that the type of involuntary manslaughter which occurred in this case was the worst form of the offense. Appellant asserts that R.C.[¶ 6] "The Maximum Sentence Imposed Against The Defendant is Erroneous Since the Record Does Not Support the Court's Finding That the Defendant's Involuntary Manslaughter Offense Constitutes `The Worst Form Of the Offense' under R.C.
2929.14 ."
[¶ 9] The Ohio Supreme Court, in State v. Edmonson (1999),[¶ 8] "(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." (Emphasis added.)
[¶ 10] Appellant's second assignment of error asserts:
[¶ 12] In imposing consecutive terms, the trial court must typically make findings pursuant to R.C.[¶ 11] "The Lower Court Erred When it Sentenced the Defendant to Consecutive Terms of Imprisonment Where the Court Failed to Demonstrate From the Facts A Statutory Basis for Such a Sentence and As Such, The Sentence Is Contrary to Law."
[¶ 17] Thus, according to the statute, the trial court must typically make three findings to support a consecutive sentence: (1) the consecutive sentences are necessary for either of the two reasons stated, i.e., to protect the public from future crime or to punish the offender; (2) the consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public; and (3) one of the three factors listed in R.C.[¶ 13] "(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:
[¶ 14] "(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.[¶ 15] "(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.
[¶ 16] "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
[¶ 18] Because of the nature of the charges against Appellant, there are other statutory provisions, which bear on his sentence. Appellant was convicted, in part, of violating R.C.
[¶ 19] Section (E)(3), as it now reads, was amended effective October 29, 1999, by H.B. 29, and applies to this case. Under the current version of R.C.
[¶ 20] Although no cases have specifically dealt with this issue, one prior case does recognize that R.C.
[¶ 21] In conclusion, appellant's two assignments of error are overruled and the judgment of the trial court is affirmed in full.
Judgment affirmed.
Donofrio, J., and Vukovich, P.J., concur.
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