State v. Bratcher, Unpublished Decision (11-26-2004)
State v. Bratcher, Unpublished Decision (11-26-2004)
Opinion of the Court
{¶ 2} On December 4, 2001, appellant pleaded guilty to one count of kidnapping, a first degree felony, R.C.
{¶ 3} On July 9, 2003, appellant moved to file a delayed appeal. In support of his motion, appellant contended he was unaware he could appeal the trial court's judgment imposing consecutive sentences. We granted appellant's motion.
{¶ 4} Appellant raises the following assignment of error for our review: "The trial court erred by imposing consecutive sentences upon appellant."
{¶ 5} We review a felony sentence de novo. State v.Bradford (June 2, 2001), 11th Dist. No. 2000-L-103, 2001 Ohio App. LEXIS 2487, 3. We will not disturb a sentence unless we find, by clear and convincing evidence, that the record does not support the sentence or that the sentence is contrary to law. Id. "Clear and convincing evidence is that evidence which will produce in the mind of the trier of fact a firm belief or conviction as to the facts sought to be established." Id.
{¶ 6} R.C.
{¶ 7} "If multiple prison terms are imposed on an offender for convictions of multiple offenses, the court may require the offender to serve the prison terms consecutively if the court finds that the consecutive service is necessary to protect the public from future crime or to punish the offender and that consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public, and if the court also finds any of the following:
{¶ 8} "(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
{¶ 9} "(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.
{¶ 10} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 11} In State v. Comer,
{¶ 12} The record in the instant case shows the trial court failed to find that one of the three factors listed in R.C.
{¶ 13} For the foregoing reasons the judgment of the Lake County Court of Common Pleas is reversed, and this matter is remanded for resentencing consistent with this opinion.
O'Neill, J., Grendell, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.