State v. Pierce, Unpublished Decision (3-1-2004)
State v. Pierce, Unpublished Decision (3-1-2004)
Opinion of the Court
OPINION
{¶ 1} Defendant-appellant, Jesse O. Pierce, appeals the decision of the Butler County Court of Common Pleas sentencing him to 27 months in prison for two counts of felony nonsupport of dependents. We reverse the common pleas court's decision and remand the case for resentencing.{¶ 2} In August 2002, appellant pled guilty to two counts of felony nonsupport of dependents in violation of R.C.
{¶ 3} After a sentencing hearing in October 2002, the common pleas court sentenced appellant to 18 months in prison for the first count, and nine months in prison for the second count. The court ordered that the sentences be served consecutively.
{¶ 4} Appellant now appeals the common pleas court's decision, assigning two errors.
{¶ 5} Assignment of Error No. 1:
{¶ 6} "The trial court erred, to the prejudice of appellant, in sentencing appellant to consecutive sentences without making the mandatory findings, supported by a statement of the court's reasoning, as required under orc
{¶ 7} In this assignment of error, appellant argues that the common pleas court failed to make the required statutory findings before imposing consecutive sentences. Further, appellant argues that the court failed to state its reasons for imposing consecutive sentences.
{¶ 8} Before imposing consecutive sentences, R.C.
{¶ 9} "(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 * * * [R.C.]
{¶ 10} "(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 * * * was so great or unusual that no single prison term for any of the offenses * * * adequately reflects the seriousness of the offender's conduct.
{¶ 11} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 12} R.C.
{¶ 13} At the sentencing hearing, the common pleas court stated the following with regard to its imposition of consecutive sentences:
{¶ 14} "Now, the Court wants to say that the Court is imposing a consecutive prison term even though they are separate indictments. [The] Court believes that that is necessary to adequately — that based upon the defendant's prior criminal record that consecutive prison terms are needed to protect the public and that the harm is so great that a single term would not adequately reflect the seriousness of the crime involved."
{¶ 15} The record does not show that the common pleas court made the required finding pursuant to R.C.
{¶ 16} Assignment of Error No. 2:
{¶ 17} "The trial court erred to the prejudice of appellant in imposing the maximum sentence in Case No. CR02-01-0129 without making the necessary findings, supported by a statement of the trial court's reasoning, as required by ORC
{¶ 18} In this assignment or error, appellant argues that the common pleas court erred in imposing the maximum sentence for one of the felony nonsupport counts. Appellant argues that the common pleas court did not make the required statutory finding or give the reason for that finding.
{¶ 19} The criminal conduct for which appellant was convicted in case number CR02-01-0129 occurred prior to July 1, 1996, the effective date of Senate Bill 2, which revamped Ohio's sentencing scheme. Accordingly, we review appellant's sentence for that criminal conduct under the former version of R.C. Chapter 2929.State v. Rush,
{¶ 20} We find no error by the common pleas court in imposing an 18-month sentence in case number CR02-01-0129. Under former R.C.
{¶ 21} Because we sustain appellant's first assignment of error and find that the common pleas court erred in its imposition of consecutive sentences, we reverse the decision of the common pleas court and remand this case for resentencing in accordance with State v. Comer,
{¶ 22} Judgment reversed and cause remanded to the trial court for further proceedings according to law and consistent with this opinion.
Walsh and Valen, JJ., concur.
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