State v. Cummings, Unpublished Decision (4-18-2002)
State v. Cummings, Unpublished Decision (4-18-2002)
Opinion of the Court
¶ 2 In his first indictment defendant was charged with three counts of breaking and entering in violation of R.C.
¶ 3 The trial court sentenced defendant for both indictments on the same day, giving him a sentence of one year for each of the three counts in the first indictment, to run concurrently with each other, and one year for each of the counts in the second indictment, again to run concurrently with each other. The first one-year sentence and the second one-year sentence, however, were to run consecutive to each other, for a total of two years.
¶ 4 Defendant appeals, claiming that the court failed to make the necessary findings and give the necessary reasons for the sentence. Defendant states one assignment of error:
¶ 5 I. THE TRIAL COURT ERRED IN SENTENCING APPELLANT TO MAXIMUM, CONSECUTIVE TERMS OF INCARCERATION WITHOUT MAKING THE REQUISITE STATUTORY FINDINGS AND WITHOUT FURNISHING ADEQUATE STATUTORY REASONS FOR ALL OF THE FINDINGS MANDATED BY R.C. SECTIONS
2929.19 (B)(2)(c),2929.14 (E)(4).
¶ 6 Defendant's assignment of error complains about both the maximum sentences and the consecutive sentences. In his brief, however, he concedes that, "[a]t the sentencing hearing, the trial court made findings and stated reasons on the record for giving Mr. Cummings maximum sentences (T. 45-50)." Defendant argues, rather, that "the trial court did not properly make the requisite findings nor properly state its reasons for giving Mr. Cummings consecutive sentences." Appellant's brief at 5. We will, therefore, address only the court's imposition of consecutive sentences.
¶ 7 Consecutive sentences are controlled by R.C.
¶ 8 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:
¶ 9 (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.¶ 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. (Emphasis added.)
¶ 12 Additionally, the court must give its reasons for imposing consecutive sentences, as stated in R.C.
¶ 13 The court shall impose a sentence and shall make a finding that gives its reasons for selecting the sentence imposed in any of the following circumstances:
* * *
¶ 14 (c) If it imposes consecutive sentences under section
2929.14 of the Revised Code, its reasons for imposing the consecutive sentences; * * *.
If the trial court does not state the findings required by the statute, consecutive sentences must be reversed. Defendant alleges that the court merely "parroted" the statute and thus it is "difficult to make any logical connection between the factors the trial court considered and as to which counts they were applicable." Appellant's brief at 8.
¶ 15 As R.C.
¶ 16 The court also satisfied, in part, the second prong of R.C.
¶ 17 The court explained his reasons, in general, for his decision to impose consecutive sentences: "given that these are separate cases,1 given that the harm is great to the victims and given Mr. Cummings' criminal history I'm going to impose that prison term consecutive * * * for a total of two years." Tr. 48.
¶ 18 Specifically, he explained further,
¶ 19 these are now homes that are less likely to be made available for families who needs [sic] them in the short-term because of the vandalism, because of the damage of these properties, so there's an impact to the community and the families, despite the fact that there were no occupants in the properties.
¶ 20 This emphasis on the number of houses vandalized along with the impact upon the community sufficiently supports the disproportionality test as well as shows the danger to the public. Like the trial judge, we are not unaware that no one was living in the houses robbed, but that fact is accounted for in the crime he was charged with. This is not just a simple robbery — this is a spree. The number of houses robbed is significant. The number of robberies added to the "seriousness of the offender's conduct." Such economic crimes do have an impact upon the community, as the trial judge observed. While these may not be crimes of personal danger, they, nevertheless, impact upon the speed with which HUD can deliver housing to the needy. Thus we find that the trial court provided adequate support for the requisite finding under R.C.
¶ 21 Finally, the court clearly satisfied the criterion in R.C.
¶ 22 It is true that these details of defendant's criminal history were recited in the context of a discussion of whether defendant was amenable to community control sanctions. However, it is not necessary for a judge to repeat details that support two separate criteria. The court made the necessary findings and more than adequately gave its reasons for imposing consecutive sentences.
¶ 23 Defendant makes an additional argument requiring comment. He claims that when sentencing "a defendant to consecutive sentences, section
¶ 24 R.C.
¶ 25 Because the trial court made the necessary findings and supported those findings, the sentence is affirmed.
¶ 26 It is ordered that appellee recover of appellant its costs herein taxed.
¶ 27 The court finds there were reasonable grounds for this appeal.
¶ 28 It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.
¶ 29 A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
JAMES D. SWEENEY, P.J., and ANNE L. KILBANE, J., CONCUR.
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