State v. Messer, Unpublished Decision (11-3-2005)
State v. Messer, Unpublished Decision (11-3-2005)
Opinion of the Court
{¶ 2} From May 2003, until approximately September 2003, appellant and her adult daughter, Candace VanSickle, went on a crime spree induced by their addiction to heroin and cocaine. The pair burglarized homes in Licking County and pawned the goods they sold to purchase illegal drugs. They also stole a car that was used to commit the burglaries. During one incident, a home owner returned to his residence as the pair was leaving. He grabbed appellant while she was in the car. The car continued to move dragging the individual about 200 feet before he let go.
{¶ 3} Appellant was charged in Case No. 03CR292 with stealing checks from her employer and possession of heroin and cocaine. Upon her release from jail after being arrested in Case No. 03CR292 she continued to rob homes with her daughter.
{¶ 4} The crime spree ended on September 3, 2003 when a home owner observed appellant and her daughter attempt to rob her home and called the sheriff's department with a description of the car and the suspects. A deputy sheriff pulled the car over and found appellant in the driver's seat, her daughter in the passenger's seat and appellant's 13 year old son in the back seat.
{¶ 5} Appellant and her daughter gave statements and cooperated with the police in identifying homes that they robbed, pawn shops they visited, and items they stole. Some of the charges against appellant were dropped after her daughter committed suicide upon her arrival at the Ohio Reformatory for Women.
{¶ 6} On June 9, 2004, appellant changed her plea in Case No. 03CR292 to no contest and pled guilty to the remaining counts in Case No. 03CR394. The trial court found her guilty on each charge in both cases. Sentencing was deferred until July 13, 2004.
{¶ 7} The trial court sentenced appellant to one year each for the twelve burglary counts, two years for a second degree burglary count, and six months each for the 03CR292 charges. The 03CR292 sentences were to run concurrently to each other, but consecutive to the 03CR394 charges and each of the 03CR394 charges were to be served consecutively for an aggregate total sentence of 14½ years.
{¶ 8} Appellant timely filed a notice of appeal and raises the following assignment of error for our consideration:
{¶ 9} "I. THE TRIAL COURT ERRED IN SENTENCING APPELLANT GEORGIARAE MESSER TO CONSECUTIVE SENTENCES TOTALING 14½ YEARS."
{¶ 11} After the enactment of Senate Bill 2 in 1996, an appellate court's review of an appeal from a felony sentence was modified. Pursuant to present R.C.
{¶ 12} The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following:
{¶ 13} "(a) That the record does not support the sentencing court's findings under division (B) or (D) of section
{¶ 14} "(b) That the sentence is otherwise contrary to law."
{¶ 15} Clear and convincing evidence is that evidence "which will provide in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established." Cross v. Ledford (1954),
{¶ 16} When reviewing a sentence imposed by the trial court, the applicable record to be examined by the appellate court includes the following: (1) the pre-sentence investigation report; (2) the trial court record in the case in which the sentence was imposed; and (3) any oral or written statements made to or by the court at the sentencing hearing at which the sentence was imposed. R.C.
{¶ 17} In order to impose consecutive sentences, a trial court must comply with R.C.
{¶ 18} "(a) The offender committed one or more multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to Sections
{¶ 19} "(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.
{¶ 20} "(c) The offender's history of criminal conduct demonstrates the consecutive sentences are necessary to protect the public from future crimes by the offender."
{¶ 21} Revised Code 2929.19 (B) (2) (c) requires that a trial court state its reasons for imposing consecutive sentences.
{¶ 22} In State v. Comer,
{¶ 23} The record in the cases at bar supports that the trial judge found that each of the requirements of 2929.14 (E) and R.C.
{¶ 24} In the case at bar, the trial court had statements from several of the victims. (T. at 12-15; 16-17). The victims indicated that they and their children have had problems dealing with the traumatic effects of the break-ins. (Id.). Many of the items stolen are irreplaceable family heirlooms and sentimental items. (Id. at 15-16). In one case the husband and wife came home to find appellant and her daughter "in the process of carrying out personal possessions in pillow cases and garbage bags . . . the thieves got into their car, which had been stolen from a neighbor, and started down the driveway. [The husband] was able to grab one of the people by the hair in an effort to stop her and his wife watched as he was drug down the driveway 200 feet before he let go of the robber. . . ." (Id. at 17). The trial court noted these factors in finding that appellant had committed the worst form of the offense. (Id. at 18). [R.C.
{¶ 25} The trial court further noted that Counts 4, 6, 7, 9, 15, 16, 18, 19, 20, 21 and 22 "were committed after [appellant] had been indicted on the earlier charge, so they were committed while you were awaiting trial on your drug case. That's when you committed the burglaries." (Id. at 19). [R.C.
{¶ 26} Upon review, we find R.C.
{¶ 27} Accordingly, we find that the record supports the trial court's imposition of consecutive sentences, and that the trial court made the findings required before imposing consecutive sentences.
{¶ 28} Appellant's sole assignment of error is overruled.
{¶ 29} For the foregoing reasons, the judgment of the Licking County Court of Common Pleas is affirmed.
Gwin, J., Boggins P.J., and Hoffman, J., concur.
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