State v. Beach, Unpublished Decision (4-15-2002)
State v. Beach, Unpublished Decision (4-15-2002)
Opinion of the Court
Beach and an accomplice broke into the construction trailers of three separate companies at a West Chester site and removed over $5,400 worth of construction materials.
Following a presentence investigation, the trial court sentenced Beach to two consecutive eleven-month terms of imprisonment and one concurrent eleven-month term on the three counts of breaking and entering.
On appeal, Beach presents the following two assignments of error for review.
Assignment of Error No. 1:
THE DEFENDANT/APPELLANT IS DENIED DUE PROCESS OF LAW WHEN THE COURT IMPOSES CONSECUTIVE SENTENCES AND FAILS TO COMPLY WITH THE MANDATES OF O.R.C.
2929.19 (B)(2)(c).
Assignment of Error No. 2:
THE COURT ERRED TO THE PREJUDICE OF THE DEFENDANT/APPELLANT WHEN IT IMPOSED ELEVEN MONTHS ON EACH OF THE THREE COUNTS TO WHICH HE PLED GUILTY AND ORDERED THAT TWO OF THE SENTENCES BE CONSECUTIVE.
Appellant's assignments of error each challenge the trial court's decision to impose consecutive sentences. In his first assignment of error, Beach claims the trial court failed to comply with R.C.
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:
* * *
(c) If it imposes consecutive sentences under section
2929.14 of the Revised Code, its reasons for imposing the consecutive sentences.R.C.
2929.19 (B)(2)(c) requires the trial court to state its reasons on the record when imposing consecutive sentences. State v. Jones (2001),93 Ohio St.3d 391 ,399 ; State v. Lane (Feb. 11, 2002), Butler App. No. CA99-02-046, unreported.
The record reflects that the trial court found that not to impose consecutive sentences would demean the seriousness of the offense and would not adequately protect the public. The court went on to observe that consecutive sentences were needed to protect the public from future crime by appellant and that the consecutive sentences were not disproportionate to the seriousness of appellant's conduct or to the danger he posed to the public. See R.C.
Having reviewed the transcript of appellant's sentencing hearing and the trial court's sentencing entry, we conclude that the record herein adequately demonstrates compliance with R.C.
In his second assignment of error, appellant submits that the consecutive sentences were improper since the court found only one factor under R.C.
The court found one of the necessary statutory factors present when it determined that appellant had served a prior prison term. R.C.
Given appellant's record, his past propensity to engage in this type of conduct, and the high degree of probability that he was likely to engage in similar conduct if released, we find that the trial court's decision to impose a prison term and consecutive sentences was supported by clear and convincing evidence. See State v. Garcia (1998),
Judgment affirmed.
WALSH, P.J., and YOUNG, J., concur.
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