State v. Herr, Unpublished Decision (5-27-2005)
State v. Herr, Unpublished Decision (5-27-2005)
Opinion of the Court
ASSIGNMENT OF ERROR
{¶ 2} "The trial court erred in imposing a sentence that was excessive and contrary to law."
{¶ 3} The grounds on which a defendant who pleads guilty to or is convicted of a felony may appeal his sentence as a matter of right are set out in R.C.
{¶ 4} R.C
{¶ 5} Defendant Herr was convicted of three fifth degree felonies, one of which is a violation of an R.C. Chapter 2925 offense. R.C.
{¶ 6} R.C.
{¶ 7} Herr does not argue that the trial court failed to make any findings or state any reasons for its findings which the law required of it. Rather, and with respect to the consecutive sentence requirement the court imposed, more so than the underlying three sentences, Herr contends that the facts on which the court necessarily relied do not reasonably support a consecutive sentence requirement.
{¶ 8} R.C.
{¶ 9} Defendant-Appellant argues that the trial court erred when it relied on a mere warrant from another county to support its finding that consecutive sentences were justified. The trial court's findings in that regard show that it relied on other information, as well, to conclude that Herr's criminal history and prior convictions merit consecutive sentences. Any error in citing the fact of the arrest warrant is harmless beyond a reasonable doubt.
{¶ 10} The assignment of error is overruled. The judgment of the trial court will be affirmed.
Donovan, J. and Young, J., concur.
Hon. Frederick N. Young, Retired from the Court of Appeals, Second District, sitting by assignment of the Chief Justice of the Supreme Court of Ohio.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.