State v. Moore, Unpublished Decision (3-12-2003)
State v. Moore, Unpublished Decision (3-12-2003)
Opinion of the Court
{¶ 2} In February 2002, the Washington County Grand Jury indicted Moore on one count of aggravated robbery under R.C.
{¶ 3} During the presentence investigation, Moore stated the gun was not loaded and if the clerk had said, "No, you can't have the money" she would have left without harming her. The trial court accepted Moore's plea and sentenced her to five years for aggravated robbery and the mandatory three years for the firearm specification. At the sentencing hearing, the trial court stated: "This is a first prison term, and not a minimum sentence. The Court has determined that imposing the minimum sentence would not be adequate to protect the public nor to punish the offender. The Court makes its finding based on the following factors: Again, the Court notes that this offender not only was armed with a weapon, but threatened the victim with it on more than one occasion during the course of this robbery. Its impact upon the victim, while it wasn't physical, is certainly emotional and severe. The Court notes that she does have a prior criminal record. She has failed to successfully complete probation in the past, which the Court thinks makes her less likely to successfully complete a period of probation and increases the need to protect — protect the public." However, the trial court's journal entry did not include the statutorily required findings, but it did include reasons in support of the sentence. Following sentencing Moore filed this appeal and assigns the following error: "The record does not support the trial court's decision to impose more than the minimum prison sentence for Ms. Moore's aggravated robbery conviction, in derogation of R.C.
{¶ 4} A trial court's sentence may be contrary to law, and thus, appealable as of right, if the record does not support the trial court's findings. R.C.
{¶ 5} Unless the statute mandates a prison term, a sentencing court has some discretion in deciding what sanction is appropriate to satisfy the purposes and principles of sentencing. R.C.
{¶ 6} Once a trial court elects to impose a prison sentence, it must then turn to R.C.
{¶ 7} At the sentencing hearing, the court explicitly made the required findings when it stated, "[t]he Court has determined that imposing the minimum sentence would not be adequate to protect the public nor to punish the offender." In addition, even though it was not obligated to, the court gave reasons in support of its findings at the sentencing hearing and in its journal entry. Our review of the record indicates the record supports the trial court's findings. Specifically, the record illustrates Moore's prior criminal convictions and juvenile dispositions, along with Moore's failure to complete an earlier probation. Therefore, Moore's sentence is not contrary to law because the trial court met its statutory obligations and clear and convincing evidence supports the finding that more than the minimum prison sentence is appropriate.
JUDGMENT AFFIRMED.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Washington County Common Pleas Court to carry this judgment into execution.
IF A STAY OF EXECUTION OF SENTENCE AND RELEASE UPON BAIL HAS BEEN PREVIOUSLY GRANTED BY THE TRIAL COURT OR THIS COURT, it is temporarily continued for a period not to exceed sixty days upon the bail previously posted. The purpose of a continued stay is to allow Appellant to file with the Ohio Supreme Court an application for a stay during the pendency of proceedings in that court. If a stay is continued by this entry, it will terminate at the earlier of the expiration of the sixty day period, or the failure of the Appellant to file a notice of appeal with the Ohio Supreme Court in the forty-five day appeal period pursuant to Rule II, Sec. 2 of the Rules of Practice of the Ohio Supreme Court. Additionally, if the Ohio Supreme Court dismisses the appeal prior to expiration of sixty days, the stay will terminate as of the date of such dismissal.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.
Evans, P.J. Kline, J.: Concur in Judgment and Opinion.
No person, in attempting or committing a theft offense, as defined in section (1) Have a deadly weapon on or about the offender's person or under the offender's control and either display the weapon, brandish it, indicate that the offender possesses it, or use it.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.