State v. McKitrick, Unpublished Decision (9-29-2003)
State v. McKitrick, Unpublished Decision (9-29-2003)
Opinion of the Court
OPINION
{¶ 1} This is an appeal from the judgment of the Hancock County Common Pleas Court which sentenced Defendant-appellant, Stephen McKitrick, to twelve years in prison.{¶ 2} On July 19, 2002, 72 year old Maxine Beard ("Beard") was home alone. Her phone rang numerous times between 2:00 am and 4:00 am. Beard did not answer the phone and later took the phone off the hook. At approximately 7:00 a.m., Beard heard knocking on the patio door located in her bedroom. Beard recognized the person as McKitrick, a former tenant of Beard's. McKitrick continued to bang on the windows and doors. Frightened, Beard got out of bed to contact the sheriff's office, but the phone line was dead. Soon after, Beard heard a window shatter in the house. Consequently, Beard grabbed her purse and exited from the other side of the house. While trying to get to her car, McKitrick grabbed Beard and physically restrained and assaulted her as she yelled for help. Eventually, Beard got away from McKitrick and rang a dinner bell located on the property. McKitrick then caught her again, assaulted her, and forcibly took Beard's purse. After discovering that she only had a few dollars, McKitrick demanded that Beard write him a check for $900. In exchange for the $900, Mckitrick released Beard and she drove to safety. An investigation by the Hancock County Sheriff's Department revealed that Beard's phone lines had been cut. Additionally, wire cutters and two bags of crack cocaine were found in McKitrick's car.
{¶ 3} On July 23, 2002, McKitrick was indicted for Kidnapping in violation of R.C.
{¶ 4} On March 26, 2003, a sentencing hearing was held at which the trial court sentenced McKitrick to eight years of prison for kidnapping and four years for robbery to be served consecutively for an aggregate twelve years in prison. McKitrick now appeals this sentence asserting a single assignment of error.
The trial court erred in imposing consecutive sentences, as thesentences are contrary to law.
{¶ 5} In reviewing a felony sentence, an "appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing" if it finds by clear and convincing evidence,
(1) That the record does not support the sentencing court's findings under division (B) or (D) of section
(2) That the sentence is otherwise contrary to law.
R.C.
{¶ 6} The general purpose of sentencing is to punish the offender and to protect the public from future offenses. R.C.
{¶ 7} R.C.
{¶ 8} When a defendant is convicted of multiple offenses, the sentencing court is to impose concurrent sentences unless it finds that consecutive sentences are warranted pursuant to R.C.
If multiple prison terms are imposed on an offender for convictions ofmultiple offenses, the court may require the offender to serve the prisonterms consecutively if the court finds that the consecutive service isnecessary to protect the public from future crime or to punish theoffender and that consecutive sentences are not disproportionate to theseriousness of the offender's conduct and to the danger the offenderposes to the public, and if the court also finds any of the following:
* * *
(b) At least two of the multiple offenses were committed as part of oneor more courses of conduct, and the harm caused by two or more of themultiple offenses so committed was so great or unusual that no singleprison term for any of the offenses committed as part of any of thecourses of conduct adequately reflects the seriousness of the offender'sconduct.
{¶ 9} In making this determination, the "trial court must strictly comply with the relevant sentencing statutes by making all necessary findings on the record at the sentencing hearing[,]" as well as specify the basis of its findings when necessary. State v. Alberty, Allen App. No. 1-99-84, 2000-Ohio-1671, citing State v. Bonanno, (June 24, 1999), Allen App. Nos. 1-98-59 and 1-98-60. "When consecutive sentences are imposed under R.C.
The court shall impose a sentence and shall make a finding that givesits reasons for selecting the sentence imposed in any of the followingcircumstances: * * *
(c) If it imposes consecutive sentences under section
{¶ 10} McKitrick's principal argument in this appeal is that consecutive prison terms are not supported by the record.1 We disagree. The trial court stated on the record that consecutive sentences were necessary to protect the public from future crime because of McKitrick's "past, his drug addiction, his clear failure and lack of ability to control his own behavior." Furthermore, the trial court stated that consecutive sentences were certainly required to punish Mr. McKitrick for the "incredibly violent, the threatening, the menacing, for placing Mrs. Beard into these, into what is essentially a living hell."
{¶ 11} Next, the trial court found that based on the above findings, consecutive sentences would not be disproportionate to the seriousness of his conduct. Finally, the trial court found that the harm was so great and unusual that no one term was sufficient or would adequately reflect the seriousness of McKitrick's conduct. To support these findings the trial court stated,
What strikes me about the conduct on that date, Mr. McKitrick, is as I explained before, I don't think this was simply an impulse or else the facts would be different. This wasn't some crazy single idea that you had and as a result and [sic] you drove out there to get some money. You had things in your car, you had crack, you had cutters, wire cutters, snippers that were found to be in your car. You had called, you had tried to get Mrs. Beard on the telephone. In my judgment, while it was an irrational plan it was a plan nonetheless, in my judgment you knew her circumstances, you were taking advantage of what you knew to be an elderly woman isolated in the country and you thought you had an easy prey in my view.
And then, not only to cut the wires, to break the window, to track her down, to literally hunt her down in the yard, twice to threaten her, to harm her, and then eventually take her money * * *.
{¶ 12} Reviewing the above recitation by the trial court, we cannot find that the trial court failed to make the appropriate findings or state reasons for those findings pursuant to R.C.
{¶ 13} McKitrick also contends that additional findings and reasons for such findings must be provided pursuant to R.C.
{¶ 14} The court in State v. Johnson, Butler App. Nos. CA2001-06-141, CA2001-06-150 and CA2001-06-151, 2002-Ohio-1344, recently considered the application of R.C.
Some courts have interpreted R.C.
See, generally, State v. Koch, Auglaize App. No. 2-01-18,2001-Ohio-2322; State v. Gonzalez (June 30, 1999), Allen App. No. 1-98-84.
{¶ 15} We find this interpretation of R.C.
Judgment affirmed.
WALTERS and CUPP, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.