State v. Seay, Unpublished Decision (11-23-2005)
State v. Seay, Unpublished Decision (11-23-2005)
Opinion of the Court
{¶ 2} Seay advances a single assignment of error:
{¶ 3} "THE TRIAL COURT ERRED IN FAILING TO SATISFY THE STATUTORY OBLIGATION TO CONSIDER WHETHER COMMUNITY CONTROL SANCTIONS WOULD HAVE BEEN CONSISTENT WITH THE PURPOSES AND PRINCIPLES OF FELONY SENTENCING AS SET FORTH IN SECTION
{¶ 4} Seay makes three contentions under this assignment: the trial court failed to "relate its statements" to the facts of the case; the trial court gave no indication that it had considered community control; the trial court failed to follow the sentencing dictates of R.C.
{¶ 5} Considering these contentions in reverse order, Seay relies upon R.C.
{¶ 6} "(2) The court shall impose a sentence and shall make a finding that gives its reasons for selecting the sentence imposed in any of the following circumstances:
{¶ 7} "(a) Unless the offense is a sexually violent offense for which the court is required to impose sentence pursuant to division (G) of section
{¶ 8} The problem with this argument is that the offense to which Seay pleaded guilty is exempted from the operation of this subsection because it is not "specified as being subject to division (B) of section
{¶ 9} Turning to Seay's contention that the trial court did not indicate it had considered community control, we are not persuaded that this is so. First of all, the presentence investigation report, which is part of the record, appears to have recommended community control sanctions. The trial court expressly stated it had reviewed the report. The trial court necessarily considered this recommendation in determining to reject it. Secondly, the trial court's discussion of Seay's criminal record, his failure to favorably respond to previously imposed sanctions, his pattern of unacknowledged drug use, and his lack of remorse served to justify the rejection of community control sanctions as a sentencing option. In short, the fact that the court did not impose community control sanctions does not indicate that this sentencing option was not considered.
{¶ 10} Finally, the fact that the trial court did not "relate its statements" to the facts of the case, even if true, would not furnish a basis for reversal. As indicated above, R.C.
{¶ 11} We find no prejudicial error in the trial court's imposition of sentence.
{¶ 12} The assignment of error is overruled.
{¶ 13} The judgment will be affirmed.
(Hon. Frederick N. Young retired from the Second District Court of Appeals sitting by assignment of the Chief Justice of the Supreme Court of Ohio.)
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