State v. Turner, Unpublished Decision (7-18-2003)
State v. Turner, Unpublished Decision (7-18-2003)
Opinion of the Court
{¶ 2} After considering the record and applicable law, we find that the assignment of error has merit. Accordingly, the sentence will be reversed and vacated and the case will be remanded for re-sentencing.
{¶ 3} Originally, Turner was charged with four offenses — passing bad checks, forgery (uttering), forgery (without authority), and intimidation of a crime victim. The first three offenses were fifth degree felonies, and were alleged to have occurred on April 30, 2002. The fourth offense was a misdemeanor of the first degree, and was alleged to have occurred on May 18, 2002. At the time of sentencing, Turner was 32 years old, and was serving a six month sentence in Greene County. Turner had several prior convictions, including: a 1996 conviction for passing bad checks; a 2001 forgery conviction in Clinton County for which he failed to appear; and a theft charge in Champaign County for which he failed to appear for community control.
{¶ 4} The potential sentences for Turner's charges in the present case ranged between six and 12 months. See R.C.
{¶ 5} Under R.C.
{¶ 6} "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:
{¶ 7} "(a) The offender committed one or more of the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 8} "(b) At least two of the multiple offenses were committed as part of one or more courses of conduct, and the harm caused by two or more of the multiple offenses so committed was so great or unusual that no single prison term for any of the offenses committed as part of any of the courses 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} The findings supporting imposition of consecutive sentences must be made on the record and must be connected to the statutory requirements. See State v. Jones,
{¶ 11} "[t]o achieve the foregoing goals with respect to consecutive sentences which are ordered, R.C.
{¶ 12} "In [State v.] Wright, [Champaign App. No. 2001-CA-3,2001-Ohio-6981], we examined the "seriousness" factors that the court cited, as well as information from a presentence investigation report, and we concluded that the trial court had satisfied its obligations to state its reasons for the findings on which it imposed consecutive sentences. That exercise might determine that the court had reasons, but it does not identify what the court's reasons were in relation to the finding to which the reason pertains. We believe that R.C.
{¶ 13} "The preferred method of compliance with these requirements is to set out each finding that R.C.
{¶ 14} In imposing sentence in the present case, the trial court noted that Turner had committed the present offense while under community control in another county. The court's observation was consistent with R.C.
{¶ 15} The trial court also impliedly considered one of the two other findings required by R.C.
{¶ 16} Furthermore, the trial court failed to even impliedly consider the second requirement, i.e., "that consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public." Based on the trial court's remarks during the sentencing hearing, we might assume that the court felt consecutive sentences were not disproportionate. However, any such "assumption" is beside the point. As we stressed in Rothgeb, appellate courts should not have to guess why trial courts impose consecutive sentences. Accordingly, since the trial court in this case did not make the proper findings and did not relate its findings to the statutory requirements, we must vacate the sentence and remand the case for appropriate findings. Unfortunately, this seems somewhat pointless, given the relatively short length of the sentences and the fact that the trial court is not likely to change its mind on remand. Nonetheless, this is the approach we must take, since the trial court's sentence is contrary to law.
{¶ 17} Based on the above discussion, the assignment of error is sustained. Defendant's sentence is reversed and vacated, and this matter is remanded to the trial court for re-sentencing.
FAIN, P.J,. and GRADY, J., concur.
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