State v. Sneed, Unpublished Decision (3-14-2005)
State v. Sneed, Unpublished Decision (3-14-2005)
Opinion of the Court
{¶ 2} Appellant was convicted of two counts of felony nonsupport of dependents. Appellant was sentenced to one and one-half years on the first count. That sentence was suspended and appellantwas placed on probation. Appellant was sentenced to community control sanctions for the second count.1
{¶ 3} Appellant was told at the initial sentencing hearing that if he violated community control and probation, he would be incarcerated for one and one-half years for the first count and could receive up to 18 months on the second count, which could run consecutive to the first count.
{¶ 4} Appellant violated probation and community control in 2001, 2003, and 2004. Appellant was restored to probation and community control for the first two violations. At the 2003 violation hearing, the trial court informed appellant that a further violation would result in a prison term of 17 months in prison on each of the two counts, to be served consecutively.
{¶ 5} Appellant admitted to a subsequent violation in 2004. Appellant was sentenced to 12 months in prison for the first count and 17 months for the second count, with the prison term for the second count to be served consecutively to the term of the first count.2
{¶ 6} Appellant provides several sub-arguments on appeal, but asserts under his sole assignment of error that the trial court erred in imposing consecutive prison sentences.
{¶ 7} Under the authority of State v. Fraley,
{¶ 8} According to the Fraley court, "[f]ollowing a community control violation, the trial court conducts a second sentencing hearing. At this second hearing, the court sentences the offender anew and must comply with the relevant sentencing statutes." Id. at ¶ 17.
{¶ 9} Therefore, where there have been multiple community control violations, a prison sentence is available as a sentencing option for a community control violator if the trial court informed the offender at the previous sentencing hearing of the specific prison term to be imposed should he again violate his community control sanctions. Id. at ¶ 17-18.
{¶ 10} We also reject appellant's argument that the trial court was required to make the requisite statutory findings to impose consecutive sentences at the initial sentencing hearing. While appellant was told by the trial court at the initial plea and at the initial sentencing hearing that a consecutive sentence was possible, consecutive sentences were not imposed until the last violation hearing. The sentencing statutes under R.C. Chapter 2929 indicate that findings and reasons, if applicable, must be given when the sentence is imposed [emphasis added]. See R.C.
{¶ 11} The Supreme Court has stated that the dominant purpose for sentencing procedures is to increase certainty and predictability of sentencing and to inform defendants of the term that awaits violation.State v. Brooks,
{¶ 12} Therefore, it logically follows that once appellant was properly notified of the specific term to be imposed should he violate community control, the trial court would make the statutorily required findings and reasons therefore to impose consecutive sentences when the consecutive prison sentence was imposed. See, e.g., R.C.
{¶ 13} However, we must sustain appellant's assignment of error on the basis of State v. Comer,
{¶ 14} Accordingly, we reverse appellant's sentence and remand to the trial court for resentencing.
Powell, P.J., and Walsh, J., concur.
Reference
- Full Case Name
- State of Ohio v. Eugene Sneed
- Cited By
- 4 cases
- Status
- Unpublished