State v. Wilson, Unpublished Decision (8-22-2003)
State v. Wilson, Unpublished Decision (8-22-2003)
Opinion of the Court
OPINION
{¶ 1} Appellant, Terry Wilson, appeals a judgment of the Lake County Court of Common Pleas sentencing him to an aggregate term of six years imprisonment to run consecutive to a prior sentence he was serving for a Cuyahoga County conviction. Appellant takes issue with the trial court's imposition of a consecutive term arguing that it erred by failing to follow the dictates of Ohio's felony sentencing laws.{¶ 2} On September 19, 2001, appellant was indicted on one count of conspiracy, a felony of the third degree, in violation of R.C.
{¶ 3} Appellant filed this timely appeal and contends, in his sole assignment of error, that the trial court erred to his prejudice when it ordered consecutive sentences.
{¶ 4} Pursuant to R.C.
{¶ 5} Under Ohio's sentencing guidelines, a trial court may impose consecutive prison terms if it complies with R.C.
{¶ 6} "[T]he court may require the offender to serve the prison terms consecutively if the court finds that 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:
{¶ 7} "(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 8} "(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.
{¶ 9} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 10} In essence, R.C.
{¶ 11} Pursuant to R.C.
{¶ 12} The second finding reflects R.C.
{¶ 13} Finally, the third step of the analysis requires a court to determine whether the criminal conduct in question falls within one of three categories listed under R.C.
{¶ 14} R.C.
{¶ 15} In the current case, the sentencing court specifically stated on record that "consecutive sentences are necessary to protect the public from future crime or punish the Defendant." It furthermore stated that "the harm caused by the Defendant was so great or unusual no single prison term for any of the offenses committed as a part of a single course of conduct adequately reflects the seriousness of Defendant's conduct." As such, the trial court explicitly considered the first and third prongs of R.C.
{¶ 16} Moreover, although the trial court stated that its findings were justified by "reasons stated on the record[,]" it fails to point to any specific "reasons" on which it relies. The record reflects that the court read the victim's impact statement aloud during the proceedings. The record also reflects the prosecution's factual basis and recommendation. Moreover, in rendering its decision the court stated: "Aggravating factors are the victim was old, suffer[ed] serious psychological and economic harm." However, at no point does the record indicate the relationship of these facts to the court's specific conclusions. Hence, the court's attempt to offer "sufficient supporting reasons" by broadly referencing the "reasons stated on the record[,]" does not satisfy R.C.
{¶ 17} With respect to this issue, appellant additionally argues that the court's consideration of the victim's age and her psychological and economic harm was inappropriate because these facts were inherent in the crimes of which appellant was convicted. We disagree. Even though the facts which the court characterized as "aggravating" are instances of specific elements of the crimes charged, this does not preclude their consideration. After all, it is only by way of comparing acts of similar criminal import that we can actually adjudge their "usual" or "unusual" character. As such, this aspect of appellant's argument is not well taken.
{¶ 18} Appellant also points out that the court failed to entertain various facts that might serve to mitigate his sentence. Although the court did not specifically consider the features at which appellant directs our attention, the court did state, during the sentencing hearing, that it found no mitigating factors. Thus, there is evidence that the court considered the possibility of facts mitigating the sentence, but determined that no such factors were present.
{¶ 19} Notwithstanding the preceding conclusion, however, the court still failed to fully comply with R.C.
{¶ 20} For the foregoing reasons, the sentence of the lower court is reversed and this matter is remanded to the Lake County Court of Common Pleas for proceedings consistent with this opinion.
DONALD R. FORD, P.J., WILLIAM M. O'NEILL, J., concur.
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