State v. Heard, Unpublished Decision (9-21-2005)
State v. Heard, Unpublished Decision (9-21-2005)
Opinion of the Court
{¶ 3} Based upon an agreed sentence and pursuant to R.C.
{¶ 4} In his sole assignment of error, Appellant argues that the trial court failed to make the required statutory findings before imposing maximum sentences. Specifically, Appellant urges that State v. Comer,
{¶ 5} Appellant agreed to the life sentence imposed by the trial court. R.C.
"Comer cannot be applied here. The General Assembly intended a jointly agreed-upon sentence to be protected from review precisely because the parties agreed that the sentence is appropriate. Once a defendant stipulates that a particular sentence is justified, the sentencing judge no longer needs to independently justify the sentence. Pursuant to R.C.
{¶ 6} Appellant, however, urges that he did not agree to the sentences imposed for the remainder of his crimes. Appellant's sentence arose from multiple counts arising out of the same incident. R.C.
"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:
"If the sentence is for two or more offenses arising out of a single incident and it imposes a prison term for those offenses that is the maximum prison term allowed for the offense of the highest degree by division (A) of [R.C.
{¶ 7} In the instant matter, the trial court imposed the maximum prison term, a life sentence, for the offense of the highest degree, rape. As noted above, Appellant's agreement to this sentence alleviates the necessity of the trial court to comply with R.C.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App. R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App. R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App. R. 30.
Costs taxed to Appellant.
Exceptions.
Whitmore, P.J. Carr, J. concur.
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