State v. Taylor, Unpublished Decision (9-29-2005)
State v. Taylor, Unpublished Decision (9-29-2005)
Opinion of the Court
OPINION
{¶ 1} In these consolidated appeals, defendant-appellant, Carrie L. Taylor, appeals from judgments of the Franklin County Court of Common Pleas, revoking her community control and imposing a prison sentence in case No. 02CR-3035, and sentencing her in case No. 04CR-7882, following the entry of a guilty plea, to counts of engaging in a pattern of corrupt activity, theft and tampering with records.{¶ 2} On June 5, 2002, appellant was indicted in case No. 02CR-3035 on one count of theft, in violation of R.C.
{¶ 3} On December 1, 2004, appellant entered a guilty plea in case No. 04CR-7882 to one count of engaging in a pattern of corrupt activity, in violation of R.C.
{¶ 4} By entry filed on January 13, 2005, the court revoked appellant's community control in case No. 02CR-3035, and ordered her to serve concurrent ten-month terms of incarceration on each of the three counts, with the sentence in that case to be served consecutively to the sentence in case No. 04CR-7882.
{¶ 5} Appellant has appealed from both entries, setting forth the following three assignments of error for review:
Assignment of Error No. 1: The trial court erred in imposing non-minimum sentences on Appellant where the facts necessary to impose such sentences had neither been proven to a jury nor admitted by Appellant, thereby depriving Appellant of her right to a jury trial and due process of law as guaranteed by the
Assignment of Error No. 2: The trial court abused its discretion in imposing non-minimum sentences on Appellant, as such sentences are contrary to law and are not supported by the record from the sentencing hearing. R.C.
Assignment of Error No. 3: The trial court erred in sentencing Appellant to prison after a violation of community control sanctions where the court, at the time of the original sentencing hearing, did not specify what sentence Appellant would receive upon a violation of the terms of community control.
{¶ 6} Under her first assignment of error, appellant contends that the trial court erred in imposing non-minimum sentences where the facts necessary to support such sentences were not admitted by appellant or proven by a jury. In support, appellant relies upon the United States Supreme Court's decision in Blakely v. Washington (2004),
{¶ 7} This court, however, has held that the holding in Blakely does "not prohibit a trial court from imposing a non-minimum prison sentence under Ohio's felony sentencing statutes, even though the sentencing statutes do not require the jury to find, or the defendant to admit to, the applicable statutory factors that allow a trial court to impose a sentence above the authorized minimum." State v. Newcomb, Franklin App. No. 04AP-1223, 2005-Ohio-4570, at ¶ 32, citing State v. Abdul-Mumin, Franklin App. No. 04AP-485, 2005-Ohio-522. See, also, State v.Satterwhite, Franklin App. No. 04AP-964, 2005-Ohio-2823; State v. Baker, Franklin App. No. 05AP-177, 2005-Ohio-4680; State v. Imler, Franklin App. No. 04AP-1246, 2005-Ohio-4241. Rather, "under Ohio's felony sentencing statutes, `[a]s long as a court sentences a defendant to a prison term within the stated minimum and maximum terms permitted by law, * * * Blakely * * * [is] not implicated.'" State v. Fout, Franklin App. No. 04AP-1139, 2005-Ohio-3151, at ¶ 11, quoting State v. Sieng, Franklin App. No. 04AP-556, 2005-Ohio-1003, at ¶ 38.
{¶ 8} Based upon the above authority, Blakely did not preclude the trial court from imposing non-minimum prison sentences. Appellant's first assignment of error is without merit and is overruled.
{¶ 9} Under her second assignment of error, appellant argues that the trial court erred in failing to make requisite statutory findings before imposing a non-minimum sentence. We disagree.
{¶ 10} In order to impose a non-minimum sentence upon a defendant who has not previously served a prison term, the trial court must find: "(1) the shortest prison term will demean the seriousness of the defender's conduct; or (2) the shortest prison term will not adequately protect the public from future crime by the defendant or others." State v. Alexander,
Franklin App. No. 04AP-1181, 2005-Ohio-3281, at ¶ 6, citing R.C.
{¶ 11} In the present case, the trial court specifically noted on the record its view that a "lengthy prison sentence" was necessary to "protect the public." (Tr. Jan. 10, 2005, at 29.) In support, the trial court cited the large amounts of money involved, the successive victims, and the fact that the case "came up while [appellant] was fresh on community sanctions in the earlier case." (Tr. Jan. 10, 2005, at 30.) Upon review, we find that the trial court made the appropriate findings under R.C.
{¶ 12} Accordingly, appellant's second assignment of error is without merit and is overruled.
{¶ 13} Under her third assignment of error, appellant contends that the trial court erred in sentencing appellant to prison after a violation of community control when the court, at the time of the original sentencing hearing, failed to specify what sentence appellant would receive upon such violation. In support, appellant cites State v.Brooks,
{¶ 14} In Brooks, at paragraph two of the syllabus, the Ohio Supreme Court held:
Pursuant to R.C.
{¶ 15} The state concedes that the trial court failed to notify appellant of the specific prison term she could receive if she violated the conditions of her community control. A review of the record indicates that, at the February 7, 2003 sentencing hearing, the court, in imposing community control sanctions, only alluded to the fact that it "very seriously considered sending her to Marysville." (Tr. Feb. 7, 2003, at 13-14.) Accordingly, based upon the authority of Brooks, this matter is remanded to the trial court for resentencing.
{¶ 16} Based upon the foregoing, appellant's first and second assignments of error are overruled, appellant's third assignment of error is sustained, the judgments of the Franklin County Court of Common Pleas are affirmed in part and reversed in part, and this matter is remanded to that court for further proceedings, in accordance with law, consistent with this opinion.
Judgments affirmed in part and reversed in part; cause remanded.
Klatt and McGrath, JJ., Concur.
Reference
- Full Case Name
- State of Ohio v. Carrie L. Taylor
- Cited By
- 1 case
- Status
- Unpublished