State v. Chaney, Unpublished Decision (8-8-2002)
State v. Chaney, Unpublished Decision (8-8-2002)
Opinion of the Court
By entering into a plea agreement that provided for a sentence within a specific range, Chaney waived the right to contest any part of that sentence that conforms to the terms of the plea agreement. The court's sentence unquestionably falls within the fifteen to twenty-year range agreed upon between Chaney and the state. In fact, the only way he could receive a sentence in the fifteen to twenty-year range was if the court ordered two of the sentences to be served consecutively the maximum term for a first degree felony is ten years. See R.C.
Even had Chaney not waived any error by inviting it, we would nonetheless affirm. R.C.
The court did not specifically state findings relating to the proportionality of consecutive terms, but the reasons stated in the record make it so obvious that it would be a gesture in futility to require the court to make more specific findings. Chaney and a codefendant committed two armed robberies that caused psychological and economic harm to the victims, at least two of whom were small children who were forced to watch these codefendants bind and gag their mother. Chaney robbed a restaurant by putting a gun to one employee's head and forcing his way inside. Two restaurant employees later quit their jobs because of the psychological impact. These facts more than justify a finding that consecutive sentences were not disproportionate to the harm caused. The assigned error is overruled.
Judgment affirmed.
It is ordered that appellee recover of appellant its costs herein taxed.
The court finds there were reasonable grounds for this appeal. It is ordered that a special mandate issue out of this court directing the Common Pleas Court to carry this judgment into execution. The defendant's conviction having been affirmed, any bail pending appeal is terminated. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
MICHAEL J. CORRIGAN PRESIDING JUDGE ANN DYKE, J., and TERRENCE O'DONNELL, J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.