State v. Seigler, Unpublished Decision (4-18-2005)
State v. Seigler, Unpublished Decision (4-18-2005)
Opinion of the Court
OPINION
{¶ 1} Defendant-Appellant, Benjamin Seigler, appeals from a judgment of the Putnam County Court of Common Pleas, sentencing him upon his convictions for two counts of uttering. On appeal, Seigler claims that the trial court erred by sentencing him to maximum consecutive sentences. Upon review of the entire record, we find that the trial court considered all of the required statutory factors and made all of the findings necessary to impose maximum consecutive sentences. Accordingly, the judgment of the trial court is affirmed.{¶ 2} In December of 2003, Seigler presented fraudulent checks at J J Carryout and Kalida Shell Party Mart, both in Kalida, Ohio, Putnam County. Seigler received two hundred dollars from each business. Subsequently, Seigler was indicted for two counts of uttering in violation of R.C.
{¶ 3} In September of 2004, a sentencing hearing was held, and the trial court sentenced Seigler to a twelve month prison term for each count to be served consecutively. It is from this sentence Seigler appeals, presenting the following assignment of error for our review.
{¶ 5} The structure of Ohio felony sentencing law provides that the trial court's findings under R.C.
{¶ 6} An appellate court may modify a trial court's sentence only if it clearly and convincingly finds either (1) that the record does not support the sentencing court's findings or (2) that the sentence is contrary to the law. R.C.
{¶ 7} According to R.C.
If multiple prison terms are imposed on an offender for convictions ofmultiple offenses, the court may require the offender to serve the prisonterms consecutively if the court finds that the consecutive service isnecessary to protect the public from future crime or to punish theoffender and that consecutive sentences are not disproportionate to theseriousness of the offender's conduct and to the danger the offenderposes to the public, and if the court also finds any of the following:
(a) The offender committed one or more of the multiple offenses whilethe offender was awaiting trial or sentencing, was under a sanctionimposed pursuant to section
{¶ 8} In determining whether either maximum or consecutive sentences should be imposed, the trial court must consider the seriousness and recidivism factors in R.C.
{¶ 9} Herein, the trial court clearly made the required statutory findings necessary to impose the maximum sentences. The trial court also made the required statutory findings necessary to impose the sentences consecutively. In making these findings, the trial court discussed Seigler's extensive criminal history and prior adjudications, stating that Seigler had approximately forty to fifty prior convictions. Additionally, the trial court noted that "for twenty-five years [Seigler has] been, basically, using drugs, committing criminal offenses, and that conduct just continues to today."
{¶ 10} After reviewing the entire record, we find that the trial court considered all of the required statutory factors, made all of the required findings necessary to impose maximum and consecutive sentences at the sentencing hearing and stated its reasoning for making such findings at the sentencing hearing. We also find that the record supports the trial court's findings. Accordingly, Seigler's first argument that the trial court erred by imposing maximum, consecutive sentences is without merit.
{¶ 11} Additionally, Seigler claims that maximum consecutive sentences are unlawful under the United States Supreme Court's holding in Blakelyv. Washington,
{¶ 12} Having found no error prejudicial to the appellant herein, in the particulars assigned and argued, we affirm the judgment of the trial court.
Judgment affirmed. Cupp, P.J., and Bryant, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.