State v. Hart, Unpublished Decision (10-8-2004)
State v. Hart, Unpublished Decision (10-8-2004)
Opinion of the Court
{¶ 2} Hart also contends that the trial court erred in imposing more than a minimum sentence, because it failed to make the requisite findings pursuant to R.C.
{¶ 3} Accordingly, the sentence is Reversed, and this cause is remanded for resentencing.
{¶ 5} In October, 2003, Hart entered a guilty plea to two counts of Aggravated Robbery (deadly weapon) with attached firearm specifications and entered a no contest plea to three counts of Felonious Assault (causing serious physical harm) with attached firearm specifications. At Hart's sentencing hearing, the trial court stated, in pertinent part, the following:
{¶ 6} "The Court does make a finding that the harm visited upon the complainants in each of the counts of felonious assault was so severe that consecutive sentencing is required with respect to those charges. This, because the Court finds that the sentences consecutively with each of these three individual victims are necessary to adequately punish the offender. The consecutive sentences are not disportionate [sic] to the seriousness of the offender's conduct, and the harm caused was so great that no single prison term can adequately reflect the seriousness of that conduct."
{¶ 7} The trial court then sentenced Hart as follows:
{¶ 8} "[I]t is the JUDGMENT and SENTENCE of the Court that the defendant herein be delivered to the OHIO REFORMATORY FOR WOMEN there to be imprisoned and confined for a term of SEVEN (7) years on counts 1 and 3 [Aggravated Robbery] to be served CONCURRENTLY with each other; a term of FOUR (4) years on counts 7, 9 and 11 [Felonious Assault] to be served CONSECUTIVELY to each other and CONCURRENTLY with the sentence imposed on Counts 1 and 3; the Court hereby merges all five (5) 3 year firearm specifications into one (1) 3 year firearm specification and imposes an additional term of THREE (3) years ACTUAL INCARCERATION on the Firearm Specification, which shall be served CONSECUTIVELY to and prior to the definite term of imprisonment; FOR A TOTAL SUM OF FIFTEEN (15) YEARS[.]"
{¶ 9} From her conviction and sentence, Hart appeals.
{¶ 11} "The trial court erred as a matter of law in imposing consecutive sentences without making required findings or stating reasons on the record for such a sentence[.]"
{¶ 12} Hart contends that the trial court erred in its imposition of consecutive sentences pursuant to R.C.
{¶ 13} R.C.
{¶ 14} "(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
{¶ 15} "(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.
{¶ 16} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 17} R.C.
{¶ 18} The Supreme Court of Ohio has held that "pursuant to R.C.
{¶ 19} In addressing the need for the trial court to state its reasons that support its findings justifying consecutive sentences, we have stated as follows:
{¶ 20} "`The findings and reasons requirement has a dual purpose. One purpose is to induce a more systematic gradation of penalties within an available range that are imposed by relating the sentence to the particular conduct and offender involved. The other is to facilitate the limited appellate review of certain sentences * * *. Both are addressed to achieving a more uniform and consistent pattern of sentencing across the State of Ohio by reducing the prospect of unduly harsh and lengthy prison sentences. Achieving that goal benefits not only the defendant who is incarcerated but also the taxpayers of the state who must bear the financial burden of a prolonged incarceration.'
{¶ 21} "To achieve the foregoing goals with respect to consecutive sentences which are ordered, R.C.
{¶ 22} We also explained that "[t]he preferred method of compliance with these requirements is to set out each finding that R.C.
{¶ 23} At Hart's sentencing hearing, the trial court stated as follows:
{¶ 24} "The Court does make a finding that the harm visited upon the complainants in each of the counts of felonious assault was so severe that consecutive sentencing is required with respect to those charges. This, because the Court finds that the sentences consecutively with each of these three individual victims are necessary to adequately punish the offender. The consecutive sentences are not disportionate [sic] to the seriousness of the offender's conduct, and the harm caused was so great that no single prison term can adequately reflect the seriousness of that conduct."
{¶ 25} We conclude that the trial court erred in its imposition of consecutive sentences pursuant to R.C.
{¶ 26} Hart's second assignment of error is sustained.
{¶ 28} "The trial court erred as a matter of law by imposing greater than a non-minimum sentence on a first offender and in failing to make required findings for a non-minimum sentence[.]"
{¶ 29} Hart contends that the trial court erred in imposing more than a minimum sentence, because it failed to make the requisite findings pursuant to R.C.
R.C.
{¶ 30} "(1) The offender was serving a prison term at the time of the offense, or the offender previously had served a prison term.
{¶ 31} "(2) The court finds on the record that the shortest prison term will demean the seriousness of the offender's conduct or will not adequately protect the public from future crime by the offender or others."
{¶ 32} Based on our disposition of Hart's second assignment of error and our remand to the trial court for re-sentencing, this issue is rendered moot. If, upon resentencing, Hart receives more than a minimum sentence, the trial court will be required to make the appropriate findings in accordance with R.C.
{¶ 33} Hart's first assignment of error is overruled.
Brogan and Grady, JJ., concur.
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