State v. Gonzales, Unpublished Decision (9-26-2002)
State v. Gonzales, Unpublished Decision (9-26-2002)
Opinion of the Court
{¶ 1} This timely appeal comes for consideration upon the record in the trial court and the parties' briefs. Defendant-Appellant, Luis Gonzales, appeals the decision of the Belmont County Court of Common Pleas sentencing him to serve the maximum prison sentence on his conviction for aggravated assault, a fourth degree felony. Although the issue raised by Gonzales is whether the trial court properly considered all relevant factors in R.C.
{¶ 2} The Belmont County Grand Jury indicted Gonzales on a charge of felonious assault in violation of R.C.
{¶ 3} Gonzales entered into a plea agreement wherein he plead guilty to aggravated assault in violation of R.C.
{¶ 4} Gonzales argues one assignment of error:
{¶ 5} "The trial court erred and abused its discretion by imposing a maximum sentence without considering all the factors enumerated in Ohio Revised Code section
{¶ 6} Gonzalez asks us to review the propriety of the trial court's findings when it imposed a maximum sentence, because it only considered some but not all of the factors contained in R.C.
{¶ 7} We will reverse a sentencing order upon appeal if we clearly and convincingly find the evidence in the record does not support the trial court's findings or the sentence is otherwise contrary to law. R.C.
{¶ 8} When sentencing an offender, the trial court must consider several aspects of the sentencing statutes. First, the overriding purposes of felony sentencing must be followed, namely, to protect the public from future crime by the offender and others and to punish the offender. R.C.
{¶ 9} A trial court may impose a maximum prison term only when it finds on the record the offender committed the worst form of the offense, the offender has the greatest likelihood of committing future crimes, the offender is a major drug offender as defined by the statute, or the offender is a repeat violent offender as defined by statute. R.C.
{¶ 10} In this case, the trial court sentenced Gonzales to the maximum sentence. However, it did not make the specific findings necessary to sentence Gonzales to the maximum pursuant to R.C.
{¶ 11} For the foregoing reasons, we reverse the decision of the trial court and remand this matter for re-sentencing.
Vukovich, P.J., concurs.
Waite, J., concurs.
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