State v. Carter, Unpublished Decision (12-20-2005)
State v. Carter, Unpublished Decision (12-20-2005)
Opinion of the Court
OPINION
{¶ 1} Scott A. Carter, defendant-appellant, appeals from a judgment of the Franklin County Court of Common Pleas, in which the court re-sentenced him based upon a prior jury verdict finding him guilty of three counts of aggravated robbery, one count of robbery, one count of aggravated burglary, and three counts of kidnapping. Each of the counts carried firearm specifications pursuant to R.C.{¶ 2} On November 29, 2001, appellant was indicted on 14 counts. Following a jury trial on three counts of aggravated robbery, one count of robbery, one count of aggravated burglary, and three counts of kidnapping, the jury returned verdicts finding appellant guilty on all counts and accompanying firearm specifications. As pertinent to this appeal, one of the aggravated burglary counts concerned appellant's May 15, 2001 robbery at gunpoint of James W. Linker ("Linker") at his business, The Link Stamp Company. The other counts related to two separate incidents involving the robberies of Edward and Elizabeth Hetzel and Theodore Jones. The trial court imposed maximum consecutive prison sentences for appellant's convictions, for a total of 87 years of imprisonment.
{¶ 3} Appellant appealed that judgment and, in State v.Carter, Franklin App. No. 03AP-778,
{¶ 4} Upon remand, the trial court held a hearing on March 25, 2005. The trial court made an oral pronouncement and again sentenced appellant to 87 years of imprisonment. The court's determination was journalized on March 29, 2005. Appellant appeals the judgment of the trial court, asserting the following assignment of error:
THE TRIAL COURT ERRED BY IMPOSING CONSECUTIVE SENTE[N]CES UPON APPELLANT CONTRA R.C. §
{¶ 5} Appellant asserts in his assignment of error that the trial court erred in imposing consecutive terms of imprisonment. A trial court's sentence will not be disturbed unless there is clear and convincing evidence that the sentence is contrary to law. R.C.
{¶ 6} A court may not impose consecutive sentences for multiple offenses unless it finds three statutory factors. R.C.
{¶ 7} In the present case, appellant agrees that the trial court made the proper findings but contends the trial court failed to state its reasons for such findings with regard to the Linker robbery. Although appellant concedes the court reviewed the facts the jury found to find appellant guilty of the offense, he asserts the court failed to articulate why those facts were sufficient to satisfy the requirements of the law.
{¶ 8} We have reviewed the transcript of the sentencing in this matter. Concerning the required findings under R.C.
{¶ 9} The trial court was required to give reasons to support these statutorily enumerated findings at the sentencing hearing. Although in the present case we believe the trial court's reasons for imposing consecutive sentences were somewhat brief and their alignment with the findings was not precise, we find its analysis was sufficient. As to the court's reason for finding that consecutive sentences were necessary to protect the public, the court stated that appellant has demonstrated that either he is locked up where he cannot violate other citizen's rights or, when he is released, he takes others' property armed with a weapon. The court noted appellant has been to prison multiple times for multiple different offenses, and his criminal behavior has not changed. Thus, the court stated proper reasons as to why consecutive sentences were necessary to protect the public.
{¶ 10} As to the court's reasons for finding consecutive sentences were not disproportionate to the conduct that was involved in this matter, the court stated it believed that the fact the Linker crime occurred amid a robbery rampage was conduct that called for consecutive sentences. Although the trial court did not specifically align it with this finding, the trial court also noted earlier that it did not view this crime as merely an "average run-of-the-mill armed robbery." The court reiterated that appellant went into a business with a firearm and stole the owner's property. We find these reasons support the finding that consecutive sentences were not disproportionate to the conduct involved.
{¶ 11} Although the court found all of the enumerated circumstances contained in R.C.
{¶ 12} For the foregoing reasons, we find the trial court complied with R.C.
{¶ 13} Accordingly, appellant's single assignment of error is overruled, and the judgment of the Franklin County Court of Common Pleas is affirmed.
Judgment affirmed.
Petree and McGrath, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.