State v. Johnson, Unpublished Decision (3-13-2002)
State v. Johnson, Unpublished Decision (3-13-2002)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: Appellant Bernard Johnson ("Johnson") appeals the judgment of the Summit County Court of Common Pleas sentencing him to maximum, consecutive sentences. This Court affirms.
Johnson timely appeals, asserting one assignment of error.
THE TRIAL COURT ABUSED ITS DISCRETION IN IMPOSING MAXIMUM SENTENCES WITHOUT CONSIDERATION OF THE STATUTORY CRITERIA SET FORTH IN OHIO REVISED CODE SECTION2929.11 ET SEQ IN VIOLATION OF APPELLANT'S RIGHT TO DUE PROCESS UNDER THE UNITED STATES AND OHIO CONSTITUTIONS.
Johnson argues that the trial court erred when it sentenced him to serve a maximum sentence of ten years for one count of rape. Although his assignment of error does not specifically address the consecutive sentences, Johnson also challenges the consecutive sentences in his argument. Specifically, Johnson argues that the trial court did not comply with R.C.
First, Johnson contends that the trial court failed to consider various seriousness and recidivism circumstances pursuant to R.C.
The overriding purposes of felony sentencing are described in R.C.
In the case sub judice, the journal entry specifically states, "The Court considered the record, statements of counsel, as well as the principles and purposes of sentencing under [R.C.] 2929.11, and the seriousness and recidivism factors under O.R.C.
Johnson also asserts that the trial court failed to follow the requirements of R.C.
(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.(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.
(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender.
R.C.
A review of the record in this case reveals that the trial court stated its findings in its journal entry. This Court has held that the findings of a trial court need not be in the sentencing transcript if they are contained in the journal entry. State v. Riggs (Oct. 11, 2000), Summit App. No. 19846, unreported. See, also, State v. Edmonson (1999),
The Court further finds * * * that consecutive sentences are necessary to protect the public and punish the offender, not disproportionate to the conduct and to the danger the offender poses, and 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.
Thus, the trial court followed the statutory mandate when it sentenced Johnson to consecutive sentences. Johnson's assignment of error is therefore overruled.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
Exceptions.
SLABY, P.J., BATCHELDER, J. CONCUR.
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