State v. Smith, Unpublished Decision (3-14-2003)
State v. Smith, Unpublished Decision (3-14-2003)
Opinion of the Court
{¶ 2} "1. The Fulton County Court of Common Pleas, committed reversible error in applying the standards of R.C.
{¶ 3} "2. Trial court committed error when imposing consecutive sentences totaling eleven (11) years upon the defendant.
{¶ 4} "3. Trial court committed error when imposing consecutive sentences without stating the reasons for doing so under R.C.
{¶ 5} The parties agree, and it is clear from the record, that the trial court failed to make all the appropriate findings, as required by R.C.
{¶ 6} In his second assignment of error, appellant establishes that he has a right to seek leave to appeal his sentence; however, he fails to set forth any alleged error. Accordingly, there being no basis upon which we could find error, we find appellant's second assignment of error not well-taken.
{¶ 7} Appellant argues in his third assignment of error that the trial court failed to state its reasons on the record for imposing consecutive sentences, as required by R.C.
{¶ 8} On consideration whereof, this court hereby vacates the judgment entry of sentencing of the Fulton County Court of Common Pleas. This matter is remanded to the trial court for resentencing in accordance with R.C. Chapter
JUDGMENT VACATED.
Peter M. Handwork, P.J., Richard W. Knepper, J., and Mark L.Pietrykowski, P.J., CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.