State v. Wolford, Unpublished Decision (12-17-2002)
State v. Wolford, Unpublished Decision (12-17-2002)
Opinion of the Court
OPINION
{¶ 1} Defendant-appellant, Troy Brian Wolford, appeals from an entry of the Franklin County Court of Common Pleas re-sentencing him after a jury found him guilty of four counts of robbery in violation of R.C.{¶ 2} After a jury trial, appellant was found guilty of the above charges and sentenced accordingly. On appeal to this court, we found that appellant's convictions were supported by sufficient evidence, but we also found that the trial court failed to make the findings required by R.C.
{¶ 3} On remand, the trial court sentenced appellant to eight years for one of the counts of robbery, a felony of the second degree, and three years for each of the two other counts of robbery, both felonies of the third degree. The state elected not to have appellant sentenced for the fourth count of robbery. Appellant was also sentenced to 18 months for each of the two counts of theft, both felonies of the fifth degree. The trial court ordered the three robbery sentences to be served consecutively for a total of 14 years in prison, while the two theft sentences were ordered to run concurrently with the robbery sentences.
{¶ 4} Appellant appeals, assigning the following errors:
{¶ 5} "[1.] The trial court erred when it failed to properly first consider the imposition of the shortest prison term for an offender who has never served a previous prison term.
{¶ 6} "[2.] The trial court erred when it imposed a maximum sentence without making a finding and giving the reasons why a maximum sentence should be imposed.
{¶ 7} "[3.] The trial court erred when it failed to make sufficient findings, supported by the record, to justify the imposition of consecutive sentences.
{¶ 8} "[4.] The trial court erroneously sentenced the defendant to mandatory prison terms.
{¶ 9} "[5.] The trial court erred when it entered judgment of convictions and sentenced the defendant on both the theft and robbery charges in violation of R.C.
{¶ 10} "[6.] The trial court erred when it imposed a prison term of eighteen months each on the two theft convictions when the maximum term allowed by law for a fifth-degree felony is one year."
{¶ 11} Preliminarily, we note that the state concedes error on appellant's fourth and fifth assignments of error, which in turn renders appellant's sixth assignment of error moot. Therefore, appellant's fourth and fifth assignment's of error are sustained, and appellant's sixth assignment of error is rendered moot. App.R.12(C).
{¶ 12} Appellant's first and second assignments of error will be addressed together. Appellant contends that the trial court erred by: (1) failing to make the findings required by R.C.
{¶ 13} This court has recently adopted a line of cases holding that, "if a trial court complies with the sentencing requirements contained in R.C.
{¶ 14} R.C.
{¶ 15} With respect to the two third-degree felony robbery convictions, we note that appellant was not sentenced to the maximum prison term authorized. R.C.
{¶ 16} In order to impose a prison term greater than the shortest prison term authorized on an offender who has not previously served a prison term, the trial court must find on the record that the shortest term will demean the seriousness of the offender's conduct or will not adequately protect the public from future crime by the offender or others. R.C.
{¶ 17} Finally, appellant contends in his third assignment of error that the trial court failed to make the findings required by R.C.
{¶ 18} "(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 19} "(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.
{¶ 20} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 21} While the sentencing statutes do not require "rote incantations" of specific language, they do require the trial court to clearly set forth its findings, as well as include a cogent explanation of the reasons supporting those findings. State v. Aliane, Franklin App. No. 01AP-1110, 2002-Ohio-2932, at ¶ 48. In sentencing appellant, the trial court noted that consecutive sentences were being imposed "to protect the public from future offenses" and that the sentence "is not disproportionate to the seriousness of the offenses." There was no finding that consecutive sentences were not disproportionate to the danger the offender poses to the public. R.C.
{¶ 22} In conclusion, having sustained appellant's first, second, third, fourth and fifth assignments of error and rendering appellant's sixth assignment of error moot, we reverse the judgment of the Franklin County Court of Common Pleas and remand this matter for re-sentencing in compliance with the applicable sentencing statutes.
Judgment reversed and remanded for re-sentencing.
BRYANT and DESHLER, JJ., concur.
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