State v. Arrone, Unpublished Decision (9-29-2003)
State v. Arrone, Unpublished Decision (9-29-2003)
Opinion of the Court
OPINION
{¶ 1} The defendant-appellant, Tywone Arrone, appeals the judgment of the Shelby County Court of Common Pleas, sentencing him to serve consecutive prison terms after he pled guilty to three counts of Trafficking in Drugs in violation of R.C.{¶ 2} The procedural history and pertinent facts are as follows.
{¶ 3} On June 14, 2002, Arrone was indicted by the Shelby County Grand Jury on June 14, 2002, on three counts of fifth degree felony Trafficking in Drugs, three counts of fourth degree felony Trafficking in Drugs, and a Specification for forfeiture of a motor vehicle, in violation of R.C.
{¶ 4} On October 4, 2002, Arrone entered into a plea agreement in which he pled guilty to two counts of fifth degree felony Trafficking in Drugs, one fourth degree felony count of Trafficking in Drugs, and the Specification for the forfeiture of the motor vehicle he was operating at the time of the offense; all of which stemmed from the June 14, 2002 indictment. The State of Ohio dismissed the remaining three counts from the June 14, 2002 indictment and also dismissed the two counts from the September 6, 2002 indictment. Following Arrone's change of plea to guilty, the case was referred for presentence investigation by the Shelby County Adult Probation Department.
{¶ 5} On November 27, 2002, Arrone was sentenced to a stated prison term of eleven months for each of the two counts of fifth degree drug trafficking, with the sentences to be served concurrently. Arrone was also sentenced to seventeen months in prison for the fourth degree felony drug trafficking charge, which was to be served consecutively to the eleven month prison sentence. In aggregate, Arrone was sentenced to serve twenty-eight months in prison.
{¶ 6} It is from this decision that Arrone appeals, asserting one assignment of error for our review.
{¶ 7} Trial courts are required to make certain findings prior to imposing a felony sentence.1 The trial court's findings under R.C.
{¶ 8} In the case at hand, Arrone contends that the trial court failed to make all of the findings under R.C.
{¶ 9} When a defendant is convicted of multiple offenses, the sentencing court is to impose concurrent sentences unless it finds that consecutive sentences are warranted.3 In order for consecutive sentences to be warranted, the trial court must make certain findings as required by R.C.
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:
(a) The offender committed the multiple offenses while the offender 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.
{¶ 10} When consecutive sentences are imposed under R.C.
R.C.
a 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: * * * (c) If it imposes consecutive sentences under section
{¶ 11} In a recent decision by the Supreme Court of Ohio, the Court held that "[p]ursuant to R.C.
While consecutive sentences are permissible under the law, a trial court must clearly align each rationale with the specific finding to support its decision to impose consecutive sentences. These findings and reasons must be articulated by the trial court so an appellate court can conduct a meaningful review of the sentencing decision.6
{¶ 12} Therefore, in order to determine whether the trial court made the required statutory findings under
{¶ 13} We note that in the present case the trial court made all of the necessary statutory findings in its November 27, 2002, judgment entry, but this alone is not sufficient to satisfy the mandates of the sentencing statutes. The trial court must also set forth its reasons for consecutive sentences on the record at the sentencing hearing.7
{¶ 14} Pursuant to R.C.
[Y]ou've been previously on community sanctions to this court for drug-related activity and you continue to do it. Even while you're on community sanctions you continue to sell crack.
In light of that, the Court feels that it's necessary to protect the public and feels that prison time is appropriate.
{¶ 15} This finding by the trial court meets the first requirement of
{¶ 16} The trial court is next required to find that "consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public,"8 and if it does make such a finding, its reasons therefore.9 The trial court failed in this regard. While the sentencing judgment entry does reflect this finding, the trial court failed to state its reasons supporting this finding on the record at the sentencing hearing. Thus, the trial court has not satisfied the mandates of R.C.
{¶ 17} Based upon the foregoing, we sustain the appellant's assignment of error.
{¶ 18} Having found error prejudicial to the appellant herein, in the particulars assigned and argued, we reverse the judgment of the trial court. Accordingly, the judgment of the Court of Common Pleas of Shelby County is vacated and the cause remanded to that court for resentencing of the defendant.
Judgment reversed.
WALTERS, and SHAW, JJ., concur.
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