State v. Bloyer, Unpublished Decision (3-9-2005)
State v. Bloyer, Unpublished Decision (3-9-2005)
Opinion of the Court
OPINION
{¶ 1} This matter comes for consideration upon the record in the trial court and the parties' briefs. Appellant Jon Scott Bloyer appeals the Mahoning County Court of Common Pleas decision ordering him to serve his sentence consecutive to one previously imposed by the Trumbull County Court of Common Pleas. Because the trial court failed to make one of the requisite statutory findings before imposing consecutive sentences, the decision of the trial court is reversed and remanded.{¶ 3} On March 2, 2004, in Mahoning County, Bloyer pleaded guilty to two counts of Pandering Obscenity Involving a Minor in violation of R.C.
{¶ 5} "The trial court erred in imposing a sentence consecutive to the Trumbull County Sentence, which action was in contravention of R.C.
{¶ 6} Bloyer correctly states that R.C.
{¶ 7} "(A) Except as provided in division (B) of this section, division (E) of section
{¶ 8} "(B)(1) A jail term or sentence of imprisonment for a misdemeanor shall be served consecutively to any other prison term, jail term, or sentence of imprisonment when the trial court specifies that it is to be served consecutively or when it is imposed for a misdemeanor violation of section
{¶ 9} "* * *"
{¶ 10} "(2) If a court of this state imposes a prison term upon the offender for the commission of a felony and a court of another state or the United States also has imposed a prison term upon the offender for the commission of a felony, the court of this state may order that the offender serve the prison term it imposes consecutively to any prison term imposed upon the offender by the court of another state or the United States.
{¶ 11} "(3) A jail term or sentence of imprisonment imposed for a misdemeanor violation of section
{¶ 12} Because Bloyer was convicted of two felonies in the State of Ohio, nothing in section (B) applies to this situation. Accordingly, this court must look to R.C.
{¶ 13} "A court may not impose consecutive sentences for multiple offenses unless it `finds' three statutory factors. R.C.
{¶ 14} R.C.
{¶ 15} "(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
{¶ 16} "(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.
{¶ 17} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 18} When imposing consecutive sentences for multiple offenses under R.C.
{¶ 19} A review of the transcript reveals that Bloyer's assignment of error has merit. More specifically, the trial court explained its decision to impose consecutive sentences as follows:
{¶ 20} "The Court does find that the shortest sentence would demean the seriousness of the offense. Contrary to whatever blocks were marked and what weren't marked, it's the Court's opinion that there is a great chance of recidivism, and I'm taking into view the fact that other incidents may have taken place by virtue of the allegations contained concerning Springboro and also the issues involved in the conviction in Trumbull County. But the Court does find that there's a great chance of recidivism here in this situation, and the Court further finds that in order to protect the public, in order to protect the public from future crime, that in fact consecutive sentencing is warranted."
{¶ 21} It is clear from the record that the trial court failed to make one of the requisite findings under R.C.
Vukovich, J., concurs.
Waite, J., concurs.
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