State v. Alvarado, Unpublished Decision (12-23-2004)
State v. Alvarado, Unpublished Decision (12-23-2004)
Opinion of the Court
{¶ 2} Appellant was indicted on one count of robbery relative to a shoplifting incident at a local department store. On March 2, 2004, he entered a plea of guilty to an amended charge of attempted robbery, in violation of R.C.
{¶ 3} "I. The trial court erred when it sentenced appellant to the maximum sentence without making the appropriate findings."
{¶ 4} Abuse of discretion is not the standard of review with respect to sentencing, instead, an appellate court must find error by clear and convincing evidence. R.C.
{¶ 5} In order to impose the maximum sentence, the court must make the requisite findings under R.C.
{¶ 6} In the instant case, appellant pleaded guilty to a felony of the fourth degree, which is punishable by six to eighteen months in jail. At the close of the sentencing hearing, the trial court made the following statement:
{¶ 7} "Since imposing the longest sentence available here, I think I explained the reason why. He has committed the worst form of the offense; he's got the greatest likelihood of committing future crimes. The record is replete, he has numerous records. He hasn't attempted to get counseling himself."
{¶ 8} The trial court also noted that appellant was on post-release control at the time of the crime and that he has a lengthy criminal record. Finally, the court found that the appellant would have a high likelihood of recidivism if he was not sentenced to a substantial prison term.
{¶ 9} Accordingly, we find that the record clearly indicates that the trial court made the required findings pursuant to R.C.
Judgment affirmed.
It is ordered that appellee recover from appellant costs herein taxed.
The court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution. Case remanded to the trial court for execution of sentence.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Blackmon, P.J., and Gallagher, J., Concur.
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