State v. King, Unpublished Decision (11-4-2002)
State v. King, Unpublished Decision (11-4-2002)
Opinion of the Court
{¶ 2} On the morning of January 11, 2001, appellant went to the home of his former girlfriend, Diana Housley. He observed her leave for work, and then entered the home. Appellant poured gasoline throughout the house and then set the home on fire. Housley's pets, a cat, dog, and bird, were locked in a bedroom and perished in the fire. The home was destroyed and Housley lost most of her personal possessions.
{¶ 3} Appellant was arrested and subsequently pled guilty to charges of aggravated arson, a second-degree felony, and burglary, a third degree felony. At the sentencing hearing, appellant expressed remorse for his actions. However, he stated that he suffered from sleeplessness, depression, and tooth pain and was taking the prescription medications Restoril, Paxil, and Vicodin to treat these conditions. He had also consumed alcohol the evening before, and stated that the combination of drugs and alcohol caused it to seem that he was in a dream or "trance-like" state when he set fire to Housley's home. Upon considering the evidence before it, the trial court sentenced appellant to the maximum prison terms on each count and ordered that the sentences be served consecutively. On appeal, appellant presents two assignments of error for review.
Assignment of Error No. 1
{¶ 4} "THE TRIAL COURT ERRED BY IMPOSING MAXIMUM PRISON TERMS CONTRARY TO OHIO LAW AND TO THE FACTS OF RECORD IN THIS CASE."
{¶ 5} When reviewing a trial court's sentencing decision, an appellate court may not modify or vacate the sentence unless the court "clearly and convincingly" finds that: (1) the sentence is not supported by the record; (2) the trial court imposed a prison term without following the appropriate statutory procedures; or (3) the sentence imposed was contrary to law. R.C.
{¶ 6} A maximum prison term may be imposed on an offender by a trial court only if the trial court finds on the record that the offender "committed the worst for[m] of the offense" or that the offender "pose[s] the greatest likelihood of committing future crimes." R.C.
{¶ 7} When sentencing appellant to maximum prison terms, the trial court found that appellant "poses the greatest likelihood of recidivism," and "has committed the worst form of the offense." These findings support the imposition of a maximum sentence. See R.C.
{¶ 8} Appellant contends that the trial court failed to consider that he had never before served a prison sentence. This contention is without merit. The trial court specifically noted that appellant had not served a prison sentence, yet concluded that to impose less than a maximum prison sentence would demean the seriousness of the offenses. Appellant also contends that he should have been granted leniency in sentencing because he pled guilty to the charges. However this fact is wholly unrelated to the sentencing factors. See State v. Stumpf (1987),
{¶ 9} Having reviewed the record, we find that the trial court sufficiently complied with R.C.
Assignment of Error No. 2
{¶ 10} "THE TRIAL COURT ERRED BY IMPOSING CONSECUTIVE PRISON TERMS CONTRARY TO OHIO LAW AND TO THE FACTS OF RECORD IN THIS CASE."
{¶ 11} A trial court may impose consecutive terms of imprisonment only if it makes three specific findings: First, the trial court must find that consecutive sentences are necessary to protect the public from future crime or to punish the offender. R.C.
{¶ 12} "(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 13} "(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.
{¶ 14} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 15} R.C.
{¶ 16} The trial court expressly made the findings in its judgment entry of conviction necessary under R.C.
{¶ 17} Appellant attempts to argue that his 13-year sentence is disproportionately severe by directing our attention to another case in which an offender with an extensive criminal record was sentenced to a total of 12 years on charges of voluntary manslaughter and felonious assault. See State v. Fisher, Butler App. No. CA98-09-190, 2002-Ohio-2069. While at first blush the sentences may seem disproportionate in comparison, the facts of the cases are not even remotely related to one another and consequently do not provide a reasonable basis for comparison. See R.C.
{¶ 18} Appellant lastly contends that "the burglary and the arson were so inextricably interwoven together it can hardly be said they were truly `multiple offenses' causing such great or unusual harm that a consecutive sentence was required in this case." We find this contention to be without merit as appellant has failed to present any authority in support of his argument. See App.R. 12(A)(2) and 16(A)(7); State v.Walton (1998),
{¶ 19} A review of the record supports the trial court's determination that consecutive sentences are necessary due to the unusual and great harm caused by appellant's conduct and to protect the public from future crimes committed by appellant. Accordingly, we find that the trial court did not err when it imposed consecutive sentences for appellant's convictions. The second assignment of error is overruled.
Judgment affirmed.
POWELL and YOUNG, JJ., concur.
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