State v. Beaver, Unpublished Decision (11-10-2005)
State v. Beaver, Unpublished Decision (11-10-2005)
Opinion of the Court
{¶ 2} Appellee is the State of Ohio.
{¶ 4} Appellant, James Beaver, was charged with the following:
{¶ 5} Count One: Failure to Comply with the Order or Signal of a Police Officer, in violation of R.C.
{¶ 6} Count Two: Aggravated Possession of Drugs, in violation of R.C.
{¶ 7} Count Three: Possession of Cocaine, a fifth degree felony, which was eventually dismissed.
{¶ 8} Count Four: Driving Under Suspension, in violation of R.C.
{¶ 9} Count Five: Operating a Motor Vehicle Under the Influence, in violation of R.C.
{¶ 10} Count Six: Driving on Expired License Plates, in violation of R.C.
{¶ 11} On October 28, 2004, Appellant entered a plea of guilty to the count of Aggravated Possession of Drugs and pled no contest to the remaining counts.
{¶ 12} On January 20, 2005, Appellant filed a motion to suppress.
{¶ 13} On February 4, 2005, the trial court sentenced Appellant to three (3) years imprisonment on Count One, six months imprisonment for Count Two, six months in jail for Counts Four and Five and a fine on Count Six. Counts Two, Four and Five were to be served concurrently to each other. The three year sentence on Count One was ordered to run consecutive to the other counts.
{¶ 14} Appellant filed an appeal of his sentence and this matter is now before this court for consideration. Appellant's sole Assignment of error is as follows:
{¶ 17} "(A) In addition to any other right to appeal and except as provided in division (D) of this section, a defendant who is convicted of or pleads guilty to a felony may appeal as a matter of right the sentence imposed upon the defendant on one of the following grounds:
{¶ 18} "(1) The sentence consisted of or included the maximum prison term allowed for the offense by division (A) of section
{¶ 19} "(a) The sentence was imposed for only one offense.
{¶ 20} "(b) The sentence was imposed for two or more offenses arising out of a single incident, and the court imposed the maximum prison term for the offense of the highest degree.
{¶ 21} "(2) The sentence consisted of or included a prison term, the offense for which it was imposed is a felony of the fourth or fifth degree or is a felony drug offense that is a violation of a provision of Chapter 2925. of the Revised Code and that is specified as being subject to division (B) of section
{¶ 22} "(3) The person was convicted of or pleaded guilty to a sexually violent offense, was adjudicated as being a sexually violent predator, and was sentenced pursuant to division (A)(3) of section
{¶ 23} "(4) The sentence is contrary to law.
{¶ 24} "(5) The sentence consisted of an additional prison term of ten years imposed pursuant to division (D)(2)(b) of section
{¶ 25} "(6) The sentence consisted of an additional prison term of ten years imposed pursuant to division (D)(3)(b) of section
{¶ 26} Additionally, pursuant to State v. Comer,
{¶ 28} R.C. §
{¶ 29} "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:
{¶ 30} "(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
{¶ 31} "(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.
{¶ 32} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 33} The State, in its response brief, directs us to R.C. §
{¶ 34} "If an offender is sentenced pursuant to division (C)(4) or (5) of this section for a violation of division (B) of this section, and if the offender is sentenced to a prison term for that violation, the offender shall serve the prison term consecutively to any other prison term or mandatory prison term imposed upon the offender."
{¶ 35} This Court recently addressed this issue in State v. Mooney,
Stark App. No. 2005CA00072,
{¶ 36} Based on the foregoing, we find the trial court's imposition of mandatory consecutive sentences as to appellant's convictions is statutorily valid.
{¶ 37} Appellant's sole Assignment of Error is therefore overruled.
{¶ 38} The judgment of the Court of Common Pleas of Licking County, Ohio is hereby affirmed.
Boggins, P.J. Gwin, J. and Hoffman, J. concur.
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