State v. Cannon, Unpublished Decision (10-6-2003)
State v. Cannon, Unpublished Decision (10-6-2003)
Opinion of the Court
OPINION
{¶ 1} Defendant-appellant Christopher K. Cannon appeals his sentence entered by the Ashland County Court of Common Pleas on one count of burglary, a third degree felony, and one count of felonious assault, a second degree felony. Plaintiff-appellee is the State of Ohio.{¶ 3} It is from the trial court's sentence appellant appeals, raising the following assignment of error:
{¶ 6} At the sentencing hearing, the trial court stated:
{¶ 7} "* * * Further, under Section
{¶ 8} In order to impose consecutive sentences when an offender is convicted of multiple offenses, a trial court must first find consecutive sentences are necessary to protect the public from future crime or to punish the offender. R.C.
{¶ 9} "a) the offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 10} "b) the harm caused by the multiple offenses was so great or unusual 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; or
{¶ 11} "c) the offender's history of criminal conduct demonstrates consecutive sentences are necessary to protect the public from future crime by the offender." Id.
{¶ 12} If a trial court imposes consecutive sentences, the trial court must give its reasons for imposing the given sentence. R.C.
{¶ 13} The trial court, at the sentencing hearing, is required to orally make its findings and state its reasons on the record as required. State v. Comer,
{¶ 14} We find the trial court did not properly state the reasons for imposing consecutive sentences. The trial court did not set forth findings sufficient under R.C.
{¶ 15} Appellant's sole assignment of error is sustained.
{¶ 16} The March 12, 2003, Judgment Entry of the Ashland County Court of Common Pleas is reversed and remanded for resentencing in accordance with this opinion and law.
By: Boggins, J., Wise, P.J., and Edwards, J. concur.
Reference
- Full Case Name
- State of Ohio v. Christopher K. Cannon
- Cited By
- 1 case
- Status
- Unpublished