State v. Hinton, Unpublished Decision (12-16-2003)
State v. Hinton, Unpublished Decision (12-16-2003)
Opinion of the Court
OPINION
{¶ 1} Defendant-appellant, Frederick W. Hinton, appeals from judgments of the Franklin County Court of Common Pleas terminating defendant's community control sanction and imposing two consecutive 11-month sentences. Because the trial court failed to make the requisite findings under former R.C.{¶ 2} In case No. 03AP-473, an indictment filed June 20, 2002 charged defendant with one count of deception to obtain dangerous drugs in violation of R.C.
{¶ 3} In case No. 03AP-474, an indictment filed October 1, 2002 charged defendant with two counts of deception to obtain dangerous drugs in violation of R.C.
{¶ 4} In each case, a June 27, 2003 entry declared defendant an absconder from the jurisdiction of the court and stated December 27, 2002 was the last date defendant reported in person to the probation office. Following defendant's apprehension, he was brought before the trial court for a revocation hearing. At the hearing, defendant, through counsel, stipulated defendant had violated the conditions of his community control. After allowing defense counsel and defendant to speak in mitigation, the court imposed a sentence of 11 months for each case. At the sentencing hearing, the trial court specified the sentences in the two cases were to be served consecutively. However, in the Revocation Entry in case No. 03AP-473, the court ordered the sentences in the two cases to be served concurrently; in the Revocation Entry in case No. 03AP-474, the court ordered that they be served consecutively. Defendant appeals, assigning the following errors:
First Assignment of Error
The trial court erred in ordering a sentence of imprisonment without specifically finding the factors enumerated in R.C.
Second Assignment of Error
The trial court erred in ordering the sentences to be served consecutively without specifically finding the factors enumerated in R.C.
{¶ 5} Defendant's first assignment of error asserts the trial court failed to comply with former R.C.
{¶ 6} Pursuant to R.C.
{¶ 7} Former R.C.
{¶ 8} Defendant's second assignment of error asserts the trial court failed to make the requisite findings under former R.C.
{¶ 9} Former R.C.
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, that the seriousness of the offenses requires consecutive service, or that the danger posed to the public by the offender is great unless consecutive service is required, and if the court also finds any of the following:
(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
(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.
(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender.
Former R.C.
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:
* * *
(c) If it imposes consecutive sentences under section
{¶ 10} Accordingly, not only must the trial court specify its findings from among those described in former R.C.
{¶ 11} Here, the state properly concedes the trial court failed to make the requisite findings or state the supporting reasons. Accordingly, these cases must be remanded to the trial court for resentencing. At that time, the trial court will also have the opportunity to clarify the inconsistency between the Revocation Entry in each of these two cases and the trial court's pronouncement at the sentencing hearing. Specifically, although at the sentencing hearing the trial court indicated the sentence in each case was to be served consecutively to the other, in the Revocation Entry in case No. 03AP-473, the trial court indicated the sentences in the two cases were to be served concurrently; in the Revocation Entry in case No. 03AP-474, the trial court indicated they were to be served consecutively.
{¶ 12} Defendant's second assignment of error is sustained.
{¶ 13} Having overruled defendant's first assignment of error, but having sustained his second assignment of error, we remand these cases for resentencing only.
Convictions affirmed; cases remanded for resentencing.
Brown and Klatt, JJ., Concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.