State v. Dalton, Unpublished Decision (9-30-2002)
State v. Dalton, Unpublished Decision (9-30-2002)
Opinion of the Court
OPINION
{¶ 1} In March 2000, defendant, Tracy S. Dalton, was indicted and charged with one felony count of domestic violence and one count of felonious assault. Defendant was again indicted in August 2000, and charged with an additional felony count of domestic violence and one felony count of abduction. Both indictments were the result of attacks by the defendant upon the same victim.{¶ 2} Defendant entered guilty pleas to the two counts of domestic violence in violation of R.C.
{¶ 3} Defendant subsequently appealed his conviction, and on September 27, 2001, this court remanded the matter to the trial court for re-sentencing. State v. Dalton (Sept. 27, 2001), Franklin App. No. 01AP-431. On remand, the trial court imposed the same sentence. Defendant now appeals his re-sentencing and raises the following assignment of error:
{¶ 4} "The court failed to provide adequate findings and to sufficiently state its reasoning supporting the imposition of consecutive sentences."
{¶ 5} By this assignment of error, defendant argues that the trial court failed to make the statutory findings required by R.C.
{¶ 6} When "sentencing a felony offender, a trial court must impose a sentence that is reasonably calculated to achieve the two overriding purposes of felony sentencing, i.e., protecting the public from future crime by the offender and others and punishing the offender." State v. Hough (Nov. 23, 1999), Franklin App. No. 99AP-238. In doing so, the trial court must consider the need for rehabilitation and restitution, and to prevent future crime. In addition, the court must impose a sentence that is commensurate with, and not demeaning to, the seriousness of the offender's conduct and its impact upon the victim or victims. Id.
{¶ 7} A trial court has broad discretion when sentencing within the statutory guidelines, such that a reviewing court may not disturb a sentence imposed by a trial court unless it finds by clear and convincing evidence that the sentence is not supported by the record, or is contrary to law. State v. Haines (Oct. 29, 1998), Franklin App. No. 98AP-195.
{¶ 8} Pursuant to R.C.
{¶ 9} "(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 10} "(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.
{¶ 11} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 12} When a trial court imposes consecutive sentences under R.C.
{¶ 13} The requirement that a court give its reasons for selecting consecutive sentences is separate and distinct from the duty to make the findings required by R.C.
{¶ 14} In the instant case, the trial court's judgment entry contains a recitation that the trial court considered the purposes and principles of sentencing set forth in R.C.
{¶ 15} The transcript of the sentencing hearing contains the following additional observations by the court:
{¶ 16} "For the record, the court is finding pursuant to
{¶ 17} "The reason that they were over here in the first place instead of in Municipal Court was because she was a previous victim in Municipal Court. So I've got two repeated offenses here. I am finding your criminal history shows that consecutive terms are needed to protect the public, and especially [the victim].
{¶ 18} "Interestingly enough, for the record, the court has become aware that shortly after these sentences were imposed, or shortly after these incidents were committed [the defendant] picked up some additional felony charges which remain pending in other branches of this court at this time.
{¶ 19} "But for the record, that is not weighing into my sentencing in any regard. So I am imposing consecutive sentences." (Dec. 19, 2001 Tr. at 6-7.)
{¶ 20} As evidenced by the foregoing, the trial court, in imposing consecutive sentences, expressly found under the unlettered provisions of R.C.
{¶ 21} Accordingly, for the foregoing reasons, defendant's assignment of error is overruled, and the judgment of the Franklin County Court of Common Pleas is affirmed.
Judgment affirmed.
TYACK, P.J., and DESHLER, J., concur.
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