State v. Thompson, Unpublished Decision (12-20-2002)
State v. Thompson, Unpublished Decision (12-20-2002)
Opinion of the Court
OPINION
{¶ 1} This appeal is taken from a final judgment of the Lake County Court of Common Pleas. Appellant, John W. Thompson, appeals from the trial court's decision to impose consecutive sentences following his convictions on two counts of grand theft and two counts of theft.{¶ 2} On April 27, 2001, the Lake County Grand Jury indicted appellant on the following charges: two counts of grand theft, in violation of R.C.
{¶ 3} After initially pleading not guilty, appellant subsequently entered an oral and written plea of guilty to the two counts of grand theft in violation of R.C.
{¶ 4} The trial court conducted a sentencing hearing on September 20, 2001. In an entry dated October 31, 2001, the trial court sentenced appellant to serve seventeen months on each of the two counts of grand theft and eleventh months on each of the two theft charges. The sentences were to be served consecutively, for an aggregate total of fifty-six months.1 In addition, the trial court also ordered appellant to pay restitution to the victims totaling $34,838.06.
{¶ 5} Appellant now argues under his sole assignment of error that the trial court erred in ordering him to serve consecutive sentences. Specifically, appellant maintains that the trial court did not properly consider the aggravating and mitigating factors found in R.C.
{¶ 6} In accordance with R.C.
{¶ 7} Appellant first argues that the trial court did not consider the factors set forth in R.C.
{¶ 8} R.C.
{¶ 9} "The sentencing court shall consider all of the following that apply regarding the offender, the offense, or the victim, and any other relevant factors, as indicating that the offender's conduct is less serious than conduct normally constituting the offense:
{¶ 10} "(1) The victim induced or facilitated the offense.
{¶ 11} "(2) In committing the offense, the offender acted under strong provocation.
{¶ 12} "(3) In committing the offense, the offender did not cause or expect to cause physical harm to any person or property.
{¶ 13} "(4) There are substantial grounds to mitigate the offender's conduct, although the grounds are not enough to constitute a defense."
{¶ 14} During the sentencing hearing, the trial court stated the following:
{¶ 15} "The Court has considered the record, the oral statements made, the victim impact statements, the presentence report, the substance evaluation, psychological report, statement of the Defendant and counsel, as well as the purposes and principals of sentencing under Revised Code Section
{¶ 16} "I find no factors indicating that the offense is lessserious." (Emphasis added.)
{¶ 17} The above passage clearly shows that the trial court not only considered R.C.
{¶ 18} There is also no merit in appellant's claim that he never expected to cause the victims serious harm because he intended to repay them at a later date. This was not a situation in which appellant simply exhibited poor judgment. Rather, appellant created a plan in which he stole money from his employer, deposited the stolen funds in a fraudulently opened bank account, and withdrew the money from the account for his own personal use. Appellant's conduct occurred over a period of approximately eight months, ultimately costing several individuals their jobs, and did not end until appellant's employer discovered appellant's misdeeds.
{¶ 19} With these facts before it, the trial court obviously found that none of appellant's arguments raised during the sentencing hearing weighed in appellant's favor to lessen the seriousness of his actions. Thus, after reviewing the record, we conclude that there is absolutely no indication that the trial court either failed to consider or properly weigh the mitigation factors in R.C.
{¶ 20} Next, appellant contends that although the trial court addressed the factors in R.C.
{¶ 21} R.C.
{¶ 22} "The sentencing court shall consider all of the following that apply regarding the offender, and any other relevant factors, as factors indicating that the offender is likely to commit future crimes:
{¶ 23} "(1) At the time of committing the offense, the offender was under release from confinement before trial or sentencing, under a sanction imposed pursuant to section
{¶ 24} "(2) The offender previously was adjudicated a delinquent child pursuant to Chapter 2151. of the Revised Code prior to January 1, 2002, or pursuant to Chapter 2152. of the Revised Code, or the offender has a history of criminal convictions.
{¶ 25} "(3) The offender has not been rehabilitated to a satisfactory degree after previously being adjudicated a delinquent child pursuant to Chapter 2151. of the Revised Code prior to January 1, 2002, or pursuant to Chapter 2152. of the Revised Code, or the offender has not responded favorably to sanctions previously imposed for criminal convictions.
{¶ 26} "(4) The offender has demonstrated a pattern of drug or alcohol abuse that is related to the offense, and the offender refuses to acknowledge that the offender has demonstrated that pattern, or the offender refuses treatment for the drug or alcohol abuse. "(5) The offender shows no genuine remorse for the offense."
{¶ 27} When discussing these factors during the sentencing hearing, the trial court made the following findings:
{¶ 28} "In terms of factors indicating that recidivism is more likely, I find that the offenses were committed — committed while under community control sanctions from another case. I find a history of criminal convictions. I find that the Defendant has not responded favorably to previously imposed sanctions.
{¶ 29} "And in that regard, the Court notes specifically that in 1987 he was sentenced to one-an-a-half years in prison, but that was all suspended and he was placed on probation. I find that in 1988 he was sentenced to five days in jail and that was suspended and he was put on probation. I find that in 1988 he was sentenced to six months in prison and that was suspended and he was placed on one year of probation. I find that in 1998 he was given six months of inactive probation. That this — or the year 2000 he was sentenced to one year in prison and that was suspended and he was given four years of probation. And in the year 2000 he was sentenced to 30 days in jail and that was suspended. And I find that you were arrested again just a few months ago for drug paraphernalia by the Wickliffe Police Department knowing full well that I'm watching what you're doing. So you have not responded favorably to previously imposed sanctions.
{¶ 30} "I find that alcohol and drug abuse may be related to the offense, according to you it is, but you've denied there's a problem or refused treatment because, but for the State's involvement in your life, when would you have sought treatment? You've had plenty of opportunities. I find no genuine remorse. That the trail of ravage and destruction through people's lives, you didn't shed one tear there when you heard the Levys describe what — the hell they've had to go through since you entered their lives.
{¶ 31} "I find no factors making recidivism less likely."
{¶ 32} After considering the totality of the circumstances, we cannot say that the evidence clearly and convincingly demonstrates that the trial court erred in concluding that appellant was likely to commit future crimes. Although there was some evidence that appellant displayed remorse for his actions, the trial court, which had the opportunity to observe appellant's demeanor, was in the best position to consider the genuineness of appellant's comments and evidently, did not believe his claims of remorse. State v. Lewis (June 28, 2002), 11th Dist. No. 2001-L-060, 2002-Ohio-3373, at ¶ 18.
{¶ 33} More importantly, even if the record did not support the trial court's finding that appellant had displayed a lack of genuine remorse, it would not change the outcome of this case. At the time appellant committed the offense, he was already subject to community control sanctions for a prior offense. In fact, an examination of appellant's extensive criminal record since 1987 reveals convictions for grand theft, multiple counts of passing bad checks, attempted receiving stolen property, theft, and the fraudulent use of a credit card. Furthermore, while the current charges were still pending, the Wickliffe Police Department arrested appellant and charged him with possessing drug paraphernalia. Taken into consideration with appellant's failure to favorably respond to previously imposed sanctions, there is no question that the record before us more than adequately supports the trial court's decision concerning recidivism.
{¶ 34} Finally, appellant submits that the trial court erred in imposing consecutive sentences. According to appellant, the trial court misapplied the factors set forth in R.C.
{¶ 35} When imposing consecutive sentences, the trial court must make the findings contained in R.C.
{¶ 36} The trial court must also follow the requirements set forth in R.C.
{¶ 37} Here, the sentencing entry contains the following discussion with respect to the factors under R.C.
{¶ 38} "Pursuant to Revised Code Section
{¶ 39} "The Court also finds that the Defendant committed the multiple offenses while the defendant was under a post release control sanction for a prior offense when the offense was committed."
{¶ 40} The trial court made similar findings during the sentencing hearing:
{¶ 41} "The Court finds that consecutive sentences are necessary in order to protect the public and to punish the offender; and consecutive sentences are not disproportionate to the seriousness of the Defendant's conduct and to the danger the Defendant poses to the public; and the offenses were committed while on community control sanctions; and that the Defendant caused such great harm that no single prison term for any of the offenses committed as part of the course of conduct reflects the seriousness of the conduct."
{¶ 42} The above shows that the trial court expressly found that consecutive sentences were necessary to protect the public from future crime or to punish appellant, and were not disproportionate to the seriousness of appellant's conduct and the danger he posed to the public. Moreover, the trial court also complied with the second requirement under R.C.
{¶ 43} Appellant, however, suggests that the record does not support the trial court's findings because there were mitigating factors that the trial court did not properly consider. As we noted earlier, appellant has a lengthy criminal record stretching back to 1987 that includes several convictions for crimes involving dishonesty. Furthermore, not only has appellant responded unfavorably to previously imposed sanctions, he has also continued with his criminal behavior even after being arrested for the charges at issue in this case. In addition, appellant apparently has a serious cocaine addiction that he is either unable or unwilling to gain control over that, according to appellant, is the underlying cause of his actions.
{¶ 44} Although appellant provided excuses for his behavior, the trial court, which was in the best position to assess appellant's sincereness, obviously rejected them when it imposed consecutive sentences. As a result, after considering the arguments appellant put forth at the sentencing hearing, the presentence investigation report, and the drug and alcohol dependency evaluation, we conclude that the trial court appropriately determined that the relevant factors in R.C.
{¶ 45} Having said that, we must now determine whether the trial court provided its reasons for imposing consecutive sentences on the record. To support its finding that the harm caused by the offenses was so great or unusual that a single prison term would not adequately reflect seriousness of appellant's conduct, the trial court expressly stated on the record that it had "considered the wide ranging effects of [appellant's] actions on other persons, including that several persons lost their jobs as a result of [appellant's] actions." We believe that this satisfies the trial court's burden under R.C.
{¶ 46} With respect to the trial court's second finding, i.e., appellant was under community control sanctions when he committed one or more of the offenses, that finding is self-explanatory. The simple fact that appellant was convicted of four crimes while under community control sanctions is a sufficient reason to support the imposition of consecutive sentences. Accordingly, we conclude that the trial court adequately stated its reasons on the record and fully complied with R.C.
{¶ 47} Based on the foregoing analysis, appellant's sole assignment of error has no merit. The judgment of the trial court, therefore, is affirmed.
DONALD R. FORD and DIANE V. GRENDELL, JJ., concur.
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