State v. Sears, Unpublished Decision (11-18-2002)
State v. Sears, Unpublished Decision (11-18-2002)
Opinion of the Court
OPINION
{¶ 1} Defendant-Appellant, Keith Sears ("Appellant"), appeals a decision by the Wyandot County Common Pleas Court sentencing him for failing to comply with an order or signal of a police officer and for grand theft of a motor vehicle; both sentences to be served consecutively to each other and consecutively to potential sentences not yet imposed from Union County, Ohio and the State of Missouri. Because a trial court may not enter a sentence to be served consecutively with sentences that are to be imposed in futuro, we vacate the trial court's sentence and remand the cause for further proceedings.{¶ 2} Facts and procedural posture pertinent to the issues on appeal are as follows. Appellant pled guilty to one fourth degree felony count of grand theft of a motor vehicle, in violation of R.C.
{¶ 3} At sentencing, the trial court imposed a twelve-month sentence for the grand theft conviction and a two-year sentence for Appellant's failure to comply with an order or signal of a police officer. Both of the sentences were ordered to be served consecutively to each other and consecutively to any potential sentences from Union County or Missouri. From this decision, Appellant appeals, asserting the following assignment of error for our review.
{¶ 5} Appellant contends that the trial court was without authority to order the sentences herein to be served consecutively to sentences not yet imposed by other courts. Appellant does not raise error with either the length or the consecutive nature of the terms imposed for his actions in this case, but only requests this Court to vacate the portion of his sentence ordering that the terms imposed be consecutive to future sentences potentially entered elsewhere.
{¶ 6} R.C.
{¶ 7} R.C.
{¶ 8} For these reasons, we sustain Appellant's assignment of error.
{¶ 9} Having found error prejudicial to Appellant herein, in the particulars assigned and argued, we reverse the decision of the trial court and the matter is remanded for further proceedings in accordance with this opinion.
Judgment reversed and cause remanded. SHAW, P.J., and BRYANT, J., concur.
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