State v. Rothgeb, Unpublished Decision (1-31-2003)
State v. Rothgeb, Unpublished Decision (1-31-2003)
Opinion of the Court
OPINION
{¶ 1} Defendant, Robert Lee Rothgeb, appeals from a sentence of twelve months incarceration that the trial court imposed on a finding that Rothgeb violated community control sanctions the court had previously ordered. The violation arose from a subsequent conviction in Clark County, for which Rothgeb was sentenced to serve a nine year term. When it imposed its twelve month sentence in the present case, the court ordered it served consecutive to the Clark County sentence, for a total term of the ten years incarceration.{¶ 2} Rothgeb filed a notice of appeal from his sentence. He presents a single assignment of error, which states:
{¶ 3} "The trial court erred in ordering appellant's sentence to run consecutive to the sentence imposed by the Clark County Court of Common Pleas."
{¶ 4} Rothgeb's assignment of error has two branches. In the first, he argues that the trial court erred when it imposed a consecutive sentence pursuant to R.C.
{¶ 5} The State argues that Rothgeb's second branch is not properly before us because Rothgeb failed to seek prior leave to appeal pursuant to R.C.
{¶ 6} In State v. Gary (2001),
{¶ 7} "R.C.
{¶ 8} "Imposing consecutive prison terms for convictions of multiple offenses, therefore, is appropriate upon making certain findings as enumerated in this statute. When the trial court does so, however, it must state its reasons on the record. See R.C.
{¶ 9} In Gary, the trial court stated only the findings that R.C.
{¶ 10} "Consecutive prison terms are imposed for the following reasons:
{¶ 11} "1. The crime was committed while Defendant was under sanction.
{¶ 12} "2. The harm was so great or unusual that a single term does not adequately reflect the seriousness of the conduct.
{¶ 13} "3. The Defendant's criminal history shows that consecutive terms are needed to protect the public.
{¶ 14} "The factors that determine more serious conduct of the Defendant are:
{¶ 15} "1. The victim of the new crime suffered serious physical and economic harm.
{¶ 16} "2. Defendant's occupation was used to facilitate the new offense.
{¶ 17} "3. Defendant's relationship with the victim facilitated the offense.
{¶ 18} "4. Defendant has a history of criminal convictions.
{¶ 19} "5. Defendant has not responded favorably to sanctions previously imposed.
{¶ 20} "6. Defendant shows no genuine remorse."
{¶ 21} The court's twelve-month sentence was also the longest it could impose. The court therefore made further findings concerning the likelihood of recidivism. The State points out that the trial court's findings and conclusions in support of the longest sentence and the consecutive sentence it imposed are identical to those the court recited in another case, wherein we found that they satisfied the "reasons" requirement of R.C.
{¶ 22} The State's contentions concerning our decision in Wright
re correct. Curiously, even though two different defendants were involved, as well as different offenses, the trial court appears to have relied on the same "reasons" in both cases. This suggests the application of a template instead of the particularized justifications that R.C.
{¶ 23} Discussing a similar reasons requirement when maximum sentences are imposed, we stated in State v. Shepherd (Dec. 6, 2002), Montgomery App. No. 19284, 2002-Ohio-6790:
{¶ 24} "The findings and reasons requirement has a dual purpose. One purpose is to induce a more systematic gradation of penalties within an available range that are imposed by relating the sentence to the particular conduct and offender involved. The other is to facilitate the limited appellate review of certain sentences that R.C.
{¶ 25} To achieve the foregoing goals with respect to consecutive sentences which are ordered, R.C.
{¶ 26} In Wright, we examined the "seriousness" factors that the court cited, as well as information from a presentence investigation report, and we concluded that the trial court had satisfied its obligations to state its reasons for the findings on which it imposed consecutive sentences. That exercise might determine that the court had reasons, but it does not identify what the court's reasons were in relation to the finding to which the reason pertains. We believe that R.C.
{¶ 27} The preferred method of compliance with these requirements is to set out each finding that R.C.
{¶ 28} We find that the trial court failed to state the reasons that R.C.
{¶ 29} Having sustained the assignment of error presented, we will reverse and vacate Defendant-Appellant's sentence and remand for resentencing.
BROGAN, J. and WOLFF, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.