State v. Swain, Unpublished Decision (4-23-2003)
State v. Swain, Unpublished Decision (4-23-2003)
Opinion of the Court
{¶ 2} Defendant-appellant Gregory T. Swain appeals from the sentence imposed after he entered a plea of guilty to two counts of receiving stolen property, in violation of R.C.
{¶ 3} In a single assignment of error, Swain contends that the trial court erred in imposing the maximum twelve-month sentence for each count and in ordering the sentences to be served consecutively. The trial court did not err in imposing maximum sentences on the receiving counts. After first making the findings required to impose a prison term for a fifth-degree felony, see R.C.
{¶ 4} Swain next contends, and the state concedes, that the trial court failed to make findings or give reasons to justify that the two sentences be served consecutively. See R.C.
{¶ 5} That portion of Swain's assignment of error contesting the imposition of maximum sentences is overruled. That portion contesting the consecutive sentences is sustained. Therefore, we vacate the consecutive portion of the sentences imposed, remand this cause to the trial court, and order the trial court to resentence Swain in accordance with the law. If the trial court again decides to impose consecutive sentences, we further instruct the court to make the findings required by R.C.
{¶ 6} Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
Doan, P.J., Hildebrandt and Gorman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.