State v. Albaugh, Unpublished Decision (5-23-2003)
State v. Albaugh, Unpublished Decision (5-23-2003)
Opinion of the Court
OPINION
{¶ 1} Appellant Allen L. Albaugh entered a plea of guilty in the Coshocton County Common Pleas Court to two counts of rape, in violation of R.C.
{¶ 2} The court sentenced appellant to eight years incarceration on each offense, to be served consecutively. Appellant appeals, assigning one error:
{¶ 3} "The trial court erred in imposing an eight (8) year sentence for each count and ordering the sentences to be served consecutively."
{¶ 4} Appellant argues that the court erred in imposing a sentence greater than the minimum sentence allowed for the offense, without making appropriate findings to support imposition of something other than the minimum sentence. Appellant also argues that the court did not make the appropriate findings to support consecutive sentences.
{¶ 5} As for the minimum sentence, R.C.
{¶ 6} R.C.
{¶ 7} In the sentencing entry, the court found that consecutive terms were necessary to protect the public and punish the offender, were not disproportionate to the conduct and to the danger the offender poses, and the harm caused in the instant case was so great or unusual that a single term does not adequately reflect the seriousness of the conduct. In the transcript of the sentencing hearing, the court states that it had the opportunity to review the pre-sentence investigation report in detail. The court found that the report contained substantial information about the details of each offense and further background information on appellant. The court stated that it was apparent that appellant totally victimized the young girls for his own purposes, and that his actions with either of the girls, let alone both of the girls, were inexcusable, indefensible, and to a certain extent unexplainable. Tr. 7-8. The court found that appellant demonstrated a callous disregard for the feelings of either of his victims. Tr. 8. The court further stated that it considered the criteria set forth in R.C.
{¶ 8} The assignment of error is overruled.
{¶ 9} The judgment of the Coshocton County Common Pleas Court is affirmed.
By Gwin, P.J., Farmer, J., and Boggins, J., concur
Case-law data current through December 31, 2025. Source: CourtListener bulk data.