State v. Parks, Unpublished Decision (3-31-2003)
State v. Parks, Unpublished Decision (3-31-2003)
Opinion of the Court
{¶ 2} The following facts are relevant to this appeal. Appellant, Leroy D. Parks, was indicted on February 8, 2002, on two counts: aggravated robbery in violation of R.C.
{¶ 3} Appellant sets forth the following assignment of error:
{¶ 4} "The trial court committed error by imposing consecutive sentences."
{¶ 5} In his assignment of error, appellant argues that his sentence should be reversed and modified pursuant to R.C.
{¶ 6} Pursuant to R.C.
{¶ 7} "(B)(2) 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:
{¶ 8} "* * *
{¶ 9} "(c) If it imposes consecutive sentences under section
{¶ 10} R.C.
{¶ 11} "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:
{¶ 12} "(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 13} "(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.
{¶ 14} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 15} Thus, R.C.
{¶ 16} A judge is given broad discretion when sentencing within the confines of statutory authority. State v. Wright (1998),
{¶ 17} In the case sub judice, this court notes that the necessary findings are included in the transcript of the sentencing hearing. In imposing the consecutive sentences, the trial court noted that the robbery conviction was part of an organized activity with two other individuals; that appellant had not responded favorably to previously imposed sanctions; and that the crime was more serious than less serious. The trial court also stated that the proposed consecutive sentences was "not disproportionate" to the seriousness of appellant's conduct and that the "danger" that he posed to the community was great based on his criminal history which the trial court noted was, at twenty years old, 3 adult felonies, 1 being a violent crime with a gun specification and 2 misdemeanors as well as a significant juvenile record.
{¶ 18} This court adheres to the position that a sentencing court may state its findings in either its judgment entry or from the bench. See, State v. Comer, 6th Dist. No. L-99-1296, 2002 Ohio 233, motion to certify record granted,
{¶ 19} Accordingly, appellant's assignment of error is found not well-taken.
{¶ 20} On consideration whereof, the court finds that the defendant was not prejudiced or prevented from having a fair trial, and the judgment of the Lucas County Court of Common Pleas is affirmed. It is ordered that appellant pay court costs for this appeal.
JUDGMENT AFFIRMED.
Peter M. Handwork, P.J., Richard W. Knepper, J., and Judith AnnLanzinger, J., concur.
"(G)(1) The court hearing an appeal of a sentence * * * 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 trial court for re-sentencing if the court clearly and convincingly finds any of the following: "(a) That the record does not support the sentence; "* * * "(d) That the sentence is otherwise contrary to law."
Case-law data current through December 31, 2025. Source: CourtListener bulk data.