State v. Smith, Unpublished Decision (7-15-2004)
State v. Smith, Unpublished Decision (7-15-2004)
Opinion of the Court
{¶ 2} On December 11, 2003, appellant pled guilty to two counts of unlawful sexual contact with a minor. On January 14, 2004, appellant appeared before the trial court, for a bench trial, on one count of felony theft. At the bench trial, the trial court found appellant guilty of the lesser charge of misdemeanor theft.
{¶ 3} Thereafter, on the same day, the trial court sentenced appellant to three years, on each count of unlawful sexual contact with a minor, to be served consecutively. The trial court also imposed a six-month sentence on the misdemeanor charge to be served concurrently with the felony sentences.
{¶ 4} Subsequently, on January 16, 2004, the trial court conducted a hearing to determine appellant's sexual offender status. The trial court found appellant to be a sexually-oriented offender. Appellant timely filed a notice of appeal and sets forth the following assignments of error for our consideration:
{¶ 5} "I. The trial court erred when it sentenced the appellant to consecutive sentences.
{¶ 6} "II. The trial court erred when it classified the appellant as a sexually oriented offender as it lacked jurisdiction under the statute."
{¶ 8} In State v. Comer,
{¶ 9} "A court may not impose consecutive sentences for multiple offenses unless it `finds' three statutory factors. R.C.
{¶ 10} The factors contained in R.C.
{¶ 11} "(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
{¶ 12} "(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.
{¶ 13} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 14} Thus, the Court concluded, in Comer, that "[p]ursuant to R.C.
{¶ 15} We have reviewed the transcript of the sentencing in this matter. The transcript provides, in pertinent part:
{¶ 16} "So, Mr. Smith, the Court has considered the purposes and principles of sentencing set out under Section
{¶ 17} "On that basis, Mr. Smith, on each of the two unlawful sexual conduct with a minor charges, I'll impose sentences of three years. I'll order that those sentences be served consecutively, the Court finding that necessary to protect the public, as well as to punish you, and are not disproportionate to the conduct and the danger the offender poses. Your criminal history shows that consecutive terms are necessary to protect the public, as well as your other criminal charges." Tr. Sentencing Hrng., Jan. 14, 2004, at 43-44.
{¶ 18} Appellant maintains this analysis by the trial court is insufficient because there was no attempt to align the specific rationale with the specific findings. Appellant claims the trial court merely recited his prior criminal convictions, but did not relate it to the statutory provision regarding criminal history. Appellant also contends the record contains no evidence to support the trial court's findings regarding his relationship with the victim, the psychological harm suffered by the victim or his history of drug abuse.
{¶ 19} We have reviewed the sentencing transcript and conclude the trial court complied with the Comer decision. The trial court made the required statutorily enumerated findings under R.C.
{¶ 20} Appellant's First Assignment of Error is overruled.
{¶ 22} This statute provides, in pertinent part:
{¶ 23} "Regarding an offender, the judge shall conduct the hearing required by division (B)(1)(a) of this section prior to sentencing and, if the sexually oriented offense for which sentence is to be imposed is a felony and if the hearing is being conducted under division (B)(1)(a) of this section, the judge may conduct it as part of the sentencing hearing required by section
{¶ 24} The Ohio Supreme Court addressed this issue in Statev. Bellman,
{¶ 25} "* * * [T]he language of R.C.
{¶ 26} In the case sub judice, prior to conducting the classification hearing, defense counsel objected claiming the trial court lacked jurisdiction. Tr. Sexual Offender Status Hrng., Jan. 16, 2004, at 3-4. The trial court overruled appellant's objection on the basis that the sentencing judgment entry from January 14, 2004, had not been filed. Id. at 4-5. Thus, the trial court concluded that it had jurisdiction to conduct the sexual offender status hearing.
{¶ 27} We agree with the trial court's conclusion as it is axiomatic that, in Ohio, a court speaks through its journal.State ex rel. Worcester v. Donnellon (1990),
{¶ 28} Appellant's Second Assignment of Error is overruled.
{¶ 29} For the foregoing reasons, the judgment of the Court of Common Pleas, Licking County, Ohio, is hereby affirmed.
Wise, P.J., Edwards, J., and Boggins, J., concur.
For the reasons stated in our accompanying Memorandum-Opinion, the judgment of the Court of Common Pleas of Licking County, Ohio, is affirmed.
Cost assessed to Appellant.
Reference
- Full Case Name
- State of Ohio v. Joseph K. Smith
- Cited By
- 4 cases
- Status
- Unpublished