State v. Rose, Unpublished Decision (1-20-2004)
State v. Rose, Unpublished Decision (1-20-2004)
Opinion of the Court
{¶ 2} Appellant was arrested following a "road rage" incident in which he assaulted Brian Hornsby, striking him with a car stereo speaker. Appellant was charged and subsequently pled guilty to aggravated assault, a fourth-degree felony. A presentence investigation report was prepared and reviewed by the trial court. Appellant was sentenced to a 17-month prison term which the trial court ordered he serve consecutive to the sentence imposed in another, unrelated case. He appeals, raising a single assignment of error:
{¶ 3} "The trial court erred in imposing a 17-month sentence running consecutive to that previously imposed[.]"
{¶ 4} In his assignment of error, appellant contends that the trial court failed to make the requisite statutory findings to impose a consecutive prison sentence, and further failed to state reasons supporting the statutory findings.
{¶ 5} Pursuant to R.C.
{¶ 6} "(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
{¶ 7} "(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.
{¶ 8} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 9} When imposing consecutive sentences, the trial court must make the statutorily enumerated findings and give reasons supporting those findings at the sentencing hearing. State v. Comer,
{¶ 10} In the present case, review of the record reveals that the trial court made none of the required statutory findings at the sentencing hearing. While the trial court stated reasons which may support the imposition of consecutive sentences, absent findings related to the statutory sentencing scheme, we must reverse and vacate the consecutive sentence imposed by the trial court and remand this matter for resentencing in accordance with R.C.
{¶ 11} The judgment is reversed, appellant's sentence is vacated and this matter is remanded to the trial court for resentencing.
Valen, P.J., and Powell, J., concur.
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