State v. Watson, Unpublished Decision (6-9-2003)
State v. Watson, Unpublished Decision (6-9-2003)
Opinion of the Court
OPINION
{¶ 1} Defendant-appellant Albert Watson appeals the February 7, 2002 Sentencing Entry of the Fairfield County Court of Common Pleas which sentenced him on his convictions for robbery, possession of criminal tools, and grand theft. Plaintiff-appellee is the State of Ohio.{¶ 3} On August 17, 2001, the Fairfield Grand Jury indicted appellant with one count of robbery, in violation of R.C.
{¶ 4} Appellant appeared before the trial court on January 30, 2002, and pursuant to a plea agreement, entered pleas of guilty to robbery, possession of criminal tools, and grand theft. After the trial court accepted appellant's pleas, appellee moved to dismiss the remaining counts of the indictment. The matter immediately proceeded to the sentencing hearing.
{¶ 5} At that time, appellant argued the trial court should impose the minimum prison term for robbery as appellant had no previous felony convictions. Further, appellant argued the trial court should impose community control sanctions for his possession of criminal tools, and theft convictions. In opposition, the appellee argued appellant's conduct in this crime merited both maximum and consecutive sentences for each conviction.
{¶ 6} In a February 7, 2002 Judgment Entry, the trial court sentenced appellant to five years for robbery, eleven months for possession of criminal tools, and seventeen months for grand theft. The trial court ordered the sentences for robbery and possession of criminal tools to be served consecutively to each other but concurrent with the sentence on grand theft.
{¶ 7} It is from this judgment entry appellant prosecutes this appeal, assigning the following error for our review:
{¶ 8} "I. THE TRIAL COURT COMMITTED HARMFUL ERROR IN SENTENCING THE DEFENDANT-APPELLANT TO CONSECUTIVE SENTENCES HEREIN."
{¶ 10} In order to impose consecutive sentences when an offender is convicted of multiple offenses, a trial court must first find consecutive service is necessary to protect the public from future crime or to punish the offender. R.C.
{¶ 11} "a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 12} "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.
{¶ 13} "c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender." Id. Last, if a trial court imposes consecutive sentences, the trial court must give its reasons for imposing the given sentence. R.C.
{¶ 14} Appellant concedes the trial court made the initial findings that consecutive service was necessary to protect the public from future crime and to punish the offender, and that consecutive were not disproportionate to the serious of the offender's conduct and to the danger the offender posed to the public. Appellant maintains because the trial court did not make these findings during the sentencing hearing, the sentence must be vacated. If the trial court makes the requisite findings and gives the required reasons in either the sentencing hearing or in the sentencing judgment entry, the statutory requirements have been fulfilled. State v. Willis, 2003-Ohio-2036, Delaware App. No. 02CA07037;State v. Newby, 2002-Ohio-4062, Licking App. No. 02CA0006; State v.Barr, 2002-Ohio-3079, Muskingum App. No. CT20010054. Accordingly, this portion of appellant's assignment of error is overruled.
{¶ 15} Appellant next argues the record does not support the trial court's findings appellant had a criminal history prior to committing the offenses, and the trial court's finding the harm was so great or unusual that consecutive sentences were warranted.
{¶ 16} After making the findings consecutive service is necessary to protect the public or to punish the offender, and not disproportionate to the seriousness of the offender's conduct and the danger the offender posed to the public, the trial court is required is required to make only one of the findings contained in R.C.
{¶ 17} In the February 7, 2002 Judgment Entry, the trial court specifically found when appellant committed this crime he was on bond for the commission of another Lazarus Department store robbery. Judgment Entry at 3. We find this was sufficient to satisfy the requirements of R.C.
{¶ 18} The trial court also found the victim of the offense suffered serious, economic and psychological harm as a result of the offense. Tr. at 3. The trial court also found, of all of the co-defendants in the case, appellant was recruited for the purpose of either threatening or using violence in order to assure the commission of the crime. Appellant was the only co-defendant to carry a weapon. Further, the trial court found there was serious harm, at least temporarily, to the victim. Tr. at 26. The trial court explained appellant's use of violence in the commission of the robbery merited a higher degree of punishment then his co-defendants who did not actually inflict violence on another in the commission of the offense. Tr. at 28.
{¶ 19} Our review of the record indicates the trial court imposed consecutive sentences after making the requisite findings and stating reasons sufficient to support those findings.
{¶ 20} Appellant's sole assignment of error is overruled.
{¶ 21} The February 7, 2002 Judgment Entry of the Fairfield County Court of Common Pleas is affirmed.
By: Hoffman, J., Wise, J. and Edwards, J. concur.
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