State v. Castle, Unpublished Decision (1-10-2003)
State v. Castle, Unpublished Decision (1-10-2003)
Opinion of the Court
OPINION
{¶ 1} Defendant, Travis Castle, appeals from his conviction and sentence for robbery, failure to comply with an order or signal of a police officer, forgery and breaking and entering.On October 16, 2001, Defendant was indicted for robbery, R.C.{¶ 2} Pursuant to a plea agreement, Defendant subsequently entered pleas of guilty to robbery, failure to comply with an order or signal of a police officer, two counts of forgery, and breaking and entering. In exchange, the State dismissed the remaining charges. The trial court sentenced Defendant to three years in prison for robbery, two years for failure to comply with an order or signal of a police officer, ten months on each of the two counts of forgery, and ten months for breaking and entering. The trial court ordered that the sentences for robbery and failure to comply with an order or signal of a police officer be served consecutively. All of the other sentences run concurrently, for a total sentence of five years.
{¶ 3} Defendant has now timely appealed to this court, challenging only his sentence.
{¶ 4} The first assignment of error is overruled.
{¶ 6} Defendant argues that because the trial court failed to comply with R.C.
{¶ 7} The trial court sentenced Defendant, a person who had not previously served a prison term, to terms of imprisonment for each offense that exceed the minimum sentence. In order to impose more than the statutory minimum sentence upon an offender who has not previously served a prison term, the trial court must find either that the shortest prison term will demean the seriousness of the offender's conduct or that the shortest prison term will not adequately protect the public from future crime by the offender. R.C.
{¶ 8} In its sentencing entry the trial court specifically found that "the shortest term is not imposed because it would demean the seriousness of the offense and does not adequately protect the public." That language is sufficient, in our opinion, to constitute either one or both of the findings in R.C.
{¶ 9} The first assignment of error is overruled.
{¶ 11} Defendant claims that because the trial court failed to comply with R.C.
{¶ 12} R.C.
{¶ 13} "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:
{¶ 14} "(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 15} "(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.
{¶ 16} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 17} R.C.
{¶ 18} "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:
{¶ 19} "* * *
{¶ 20} "(c) If it imposes consecutive sentences under section
{¶ 21} In order to impose consecutive sentences the trial court must make the findings required by R.C.
{¶ 22} In its sentencing entry the trial court stated:
{¶ 23} "Consecutive prison terms are imposed because it is necessary to protect the public and punish the Defendant and because the Defendant's criminal history shows that consecutive terms are needed to protect the public.
{¶ 24} "The Court has considered and weighed the statutory sentencing factors and makes these findings. The factors that determine more serious conduct of the Defendant are:
{¶ 25} "1. Defendant's crimes are more serious because the pattern of the conduct is in multiple counties and the gravity of Defendant's misconduct is escalating.
{¶ 26} "2. The Defendant has a history of criminal convictions.
{¶ 27} "3. The Defendant has not responded favorably to sanctions.
{¶ 28} "4. Defendant's alcohol and drug abuse pattern is related to the offense and the Defendant does not acknowledge the pattern or refuses treatment.
{¶ 29} "5. Defendant shows no genuine remorse.
{¶ 30} "The factors that determine that recidivism is more likely are:
{¶ 31} "1. Defendant's crimes are more serious because the pattern of conduct is in multiple counties and the gravity of Defendant's misconduct is escalating.
{¶ 32} "2. The Defendant has a history of criminal convictions.
{¶ 33} "3. The Defendant has not responded favorably to sanctions previously imposed.
{¶ 34} "4. Defendant's alcohol and drug abuse pattern is related to the offense and the Defendant does not acknowledge the pattern or refuses treatment.
{¶ 35} "5. Defendant shows no genuine remorse."
{¶ 36} The trial court made no finding that "consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public," as R.C.
{¶ 37} In making the findings required by the applicable sentencing statutes, the trial court in this case was not obligated to mimic the exact language used in R.C.
{¶ 38} The trial court's references in this case to the seriousness factors, R.C.
{¶ 39} Having failed to make one of the statutory findings required by R.C.
{¶ 40} The second assignment of error is sustained. That portion of the trial court's sentence ordering that the terms of imprisonment imposed for robbery (count one) and failure to comply with an order or signal of a police officer (count three) be served consecutively is reversed and vacated. This matter will be remanded to the trial court for resentencing that comports with the requirements of R.C.
BROGAN, J. and FAIN, J., concur.
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