State v. Carlton, Unpublished Decision (3-28-2003)
State v. Carlton, Unpublished Decision (3-28-2003)
Opinion of the Court
OPINION
{¶ 1} Defendant, David Lee Carlton, appeals from his sentences imposed for the offenses of possession of cocaine and possession of heroin. Each is a violation of R.C.{¶ 2} Carlton's prison sentences were imposed after and upon a finding by the court that he violated community control sanctions the court had imposed in lieu of a prison term when Carlton was convicted. Pursuant to R.C.
{¶ 3} Carlton had not previously served a prison term when he was convicted of these two violations of R.C.
{¶ 4} In addition to imposing sentences longer that the available minimum, the court ordered the sentences served consecutively. R.C.
{¶ 5} When the court imposed community control sanctions it made no findings with respect to the sentence it told Carlton it would impose should he violate those sanctions. Neither did the court make any findings from the bench when it terminated Carlton's community control and imposed the two consecutive sentences. The only reference to those matters the court made was in its judgment entry of the same date, which states:
{¶ 6} "The Court FINDS that the defendant has violated the community control granted to him in Case No. 2000-CR-608.
{¶ 7} "The court also finds the following:
{¶ 8} "___ That a non-prison sanction demeans the seriousness of the offense;
{¶ 9} "___ That a non-prison sanction will not adequately punish defendant and protect the public;
{¶ 10} "X That factors increasing seriousness outweigh those decreasing seriousness;
{¶ 11} "X That there is a likelihood of recidivism;
{¶ 12} "The Defendant's complete disregard for the Court's orders indicates a strong likelihood of recidivism."
{¶ 13} Carlton argues that these statements are insufficient to comply with the statutory findings and reasons requirements applicable to the non-minimum and consecutive prison sentences the court imposed. The State concedes as much, and we agree.
{¶ 14} R.C.
{¶ 15} The assignment of error is sustained. The trial court's sentence is reversed and vacated. This matter is remanded to the trial court for resentencing, which must include the findings and reasons required by R.C.
BROGAN, J. and YOUNG, J., concur.
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