State v. Casey, Unpublished Decision (3-10-2003)
State v. Casey, Unpublished Decision (3-10-2003)
Opinion of the Court
{¶ 2} Appellant was indicted on six counts of rape and six counts of gross sexual imposition. He later pled guilty to one count of rape, a first degree felony in violation of R.C.
{¶ 3} After considering a presentence investigative report, appellant's prior criminal history, appellant's own statement, and a victim impact statement, the trial court sentenced appellant to consecutive prison terms of nine years and four years on the rape and gross sexual imposition charges respectively. He appeals, alleging that the trial court erred in sentencing him to greater than minimum sentences and by imposing consecutive sentences.
{¶ 4} An appellate court may not disturb a sentence imposed under felony sentencing law unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law. R.C.
{¶ 5} The trial court may impose a sentence greater than the minimum term on an offender who, like appellant, has not previously served a prison term, if the court finds on the record that a minimum sentence would demean the seriousness of the offender's conduct, or would not adequately protect the public from future crime by the offender or others. R.C.
{¶ 6} The trial court specifically found in its judgment entry that "the shortest prison term will demean the seriousness of the defendant's conduct and the shortest prison term will not adequately protect the public from future crime by the defendant[.]" The trial court made similar findings on the record at the sentencing hearing. We therefore find that the court engaged in the necessary analysis under R.C.
{¶ 7} We now turn to the trial court's decision to impose consecutive prison terms. Pursuant to R.C.
{¶ 8} In its sentencing entry, the trial court specifically found, "for the reasons stated on the record," that:
{¶ 9} "1. Consecutive sentences are necessary to protect the public from future crime and to punish the defendant and are not disproportionate to the seriousness of the defendant's conduct and the danger the defendant poses to the public.
{¶ 10} "2. The defendant committed the multiple offenses while the defendant was under community control sanctions.
{¶ 11} "3. The harm caused by the defendant 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 defendant's conduct.
{¶ 12} "4. The defendant's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public form future crimes by the defendant."
{¶ 13} At the sentencing hearing, the trial court noted its reasons for the imposition of consecutive sentences. These included the disparity in age between appellant and his victim, appellant's position of trust which facilitated the offenses, appellant's prior criminal history, the fact that appellant was on community control at the time that the offenses were committed, appellant's attempt to minimize his conduct by stating that the victim gave him permission to touch her, and his admitted lack of insight as to why he engaged in such conduct.
{¶ 14} Appellant contends that the trial court gave undue weight to his statement that the victim gave her permission to touch her and his failure to recognize the cause of his behavior. Appellant also contends that the trial court gave undue weight to his prior criminal record since none of his prior offenses were sex offenses. However, we find that these facts are relevant to the sentencing considerations. See R.C.
{¶ 15} Upon reviewing the trial court's sentencing entry and the sentencing hearing, we find that the trial court complied with R.C.
Judgment affirmed.
VALEN, P.J., and YOUNG, J., concur.
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