State v. Torres, Unpublished Decision (4-11-2003)
State v. Torres, Unpublished Decision (4-11-2003)
Opinion of the Court
{¶ 2} Torres was indicted by the Lake County Grand Jury on one count of engaging in a pattern of criminal activity; nine counts of burglary, five of which carried a firearm specification; eight counts of theft; seven counts of grand theft, five of which carried a firearm specification; and one count of receiving stolen property.
{¶ 3} Torres pled guilty to one count of engaging in a pattern of criminal activity; five counts of burglary, four of which included a firearm specification; and one count of receiving stolen property. In exchange for this guilty plea, the remaining charges against Torres were dropped.
{¶ 4} Torres was sentenced to serve one year for each of the firearm specifications, to be served consecutively to three-year sentences for each of the burglary convictions. The burglary sentences were to be served consecutively to each other and to a four-year sentence for the engaging in a pattern of criminal activity conviction and a one-year sentence for the receiving stolen property conviction. Torres' total prison term was twenty-four years.
{¶ 5} Torres raises a single assignment of error, which is:
{¶ 6} "The trial court erred to the prejudice of the defendant-appellant when it ordered consecutive sentences."
{¶ 7} Pursuant to R.C.
{¶ 8} The trial court is required to make certain findings before issuing consecutive sentences. Some of those required findings are set forth in R.C.
{¶ 9} "If multiple prison terms are imposed on an offender for convictions of multiple offenses, the court may require the offender to serve the prison terms consecutively if the court finds that the consecutive service is necessary to protect the public from future crime or to punish the offender and that consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public, and if the court also finds any of the following:
{¶ 10} "(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 11} "(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.
{¶ 12} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 13} In addition to the findings mandated by R.C.
{¶ 14} "(B)(2) The court shall impose a sentence and shall make a finding that gives its reasons for selecting the sentence imposed in any of the following circumstances:
{¶ 15} "***
{¶ 16} "(c) If it imposes consecutive sentences under section
{¶ 17} In order to comply with these sentencing provisions, the record must contain specific operative facts that indicate the trial court considered the statutory factors in its sentencing decision.2 Moreover, a mere repetition of the statutory language is insufficient without an analysis of how the defendant's conduct met the factors contained therein.3
{¶ 18} The trial court made findings pursuant to the factors in R.C.
{¶ 19} The state argues that the trial court did comply with R.C.
{¶ 20} The state also contends that the trial court gave an adequate reason for imposing consecutive sentences, in that they were required by law pursuant to R.C.
{¶ 21} R.C.
{¶ 22} The trial court did not adequately comply with the statutory requirements of the sentencing statutes. Specifically, the court did not state its reasons for imposing consecutive sentences pursuant to R.C.
{¶ 23} Based on the foregoing analysis, Torres' assignment of error has merit.
{¶ 24} The judgment of the trial court is reversed, and this case is remanded to the trial court for resentencing.
DONALD R. FORD and JUDITH A. CHRISTLEY, JJ., concur.
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