State v. West, Unpublished Decision (1-15-2003)
State v. West, Unpublished Decision (1-15-2003)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made: {¶ 1} Appellant, Jason West, appeals the decision of the Summit County Court of Common Pleas. This Court affirms.
{¶ 3} Appellant timely appealed, setting forth one assignment of error for review.
{¶ 5} In his sole assignment of error, appellant argues that the court erred when it sentenced him to serve non-mandatory consecutive sentences. Specifically, appellant argues that the trial court failed to make adequate findings required by R.C.
{¶ 6} R.C.
{¶ 7} "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:
{¶ 8} "(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 9} "(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.
{¶ 10} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 11} Additionally, R.C.
{¶ 12} This Court has held that these findings need not be in the sentencing transcript if they are articulated in the journal entry. Statev. Riggs (Oct. 11, 2000), 9th Dist. No. 19846. See, also, State v.Edmonson (1999),
{¶ 13} Appellant argues that the trial court did not give its reasons for making the findings under R.C.
{¶ 14} With regard to its imposition of consecutive sentences, the journal entry of appellant's sentence states:
{¶ 15} "The Court further finds, pursuant to O.R.C.
{¶ 16} A review of the sentencing transcript reveals that the trial court based its decision that consecutive sentences were necessary on a review of appellant's criminal history, the fact that appellant was under supervision in another jurisdiction at the time the offenses were committed, and the fact that the appellant's conduct caused his victims to live in fear.
SLABY, P.J. and BAIRD, J., CONCUR
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