State v. Copperman, Unpublished Decision (7-19-2005)
State v. Copperman, Unpublished Decision (7-19-2005)
Opinion of the Court
{¶ 3} The matter came on for a sexual predator hearing and sentencing on July 12, 2004. The trial court granted the State's request for leave to nully the two counts of kidnapping with sexual motivation specifications. Thereafter, the trial court heard evidence regarding the sexual predator classification. Following this testimony, the trial court adjudicated appellant a sexual predator based upon the factors set forth in R.C.
{¶ 4} It is from this entry appellant appeals, raising the following assignments of error:
{¶ 5} "I. Defendant-appellant was denied his constitutional right to due process.
{¶ 6} "II. The trial court erred when it imposed a prison term longer than the presumptive minimum for a defendant who had not previously served a prison term, based on facts not found by the jury or admitted by the defendant."
{¶ 8} "If multiple prison terms are imposed on an offender for convictions of multiple offenses, the court may require the offender to serve the prison terms consecutively if the court finds that the consecutive sentence is necessary to protect the public from future crime or to punish the offender and that consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public, and if the court also finds any of the following:
{¶ 9} "(a) The offender committed one or more of the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to Section
{¶ 10} "(b) At least two of the multiple offenses were committed as part of one or more courses of conduct, and the harm caused by two or more of the multiple offenses so committed was so great or unusual that no single prison term for any of the offenses committed as part of any of the courses of conduct adequately reflects the seriousness of the offender's conduct.
{¶ 11} "(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender."
{¶ 12} "Consecutive sentences are reserved for the worst offenses and offenders." State v. Comer,
{¶ 13} In Comer, supra, the Ohio Supreme Court stated: "A court may not impose consecutive sentences for multiple offenses unless it `finds' three statutory factors. R.C.
{¶ 14} At the sentencing hearing, the trial court stated:
{¶ 15} "THE COURT: Well, the Court has reviewed the presentence investigation and also heard the testimony of the officer who prepared the report. The Court finds that the offenses committed by you are felonies of the third degree. The Court also finds that these are sex offenses. The Court also finds that the victims in these cases are young children. The Court also finds that there has been a pattern and history of this in the past by the Court's finding that you are a sexual predator.
{¶ 16} "As such, the Court finds that a prison sentence is the appropriate sentence in this case. The Court also finds that the minimum sentence would demean the seriousness of the offense and also not adequately protect society. The Court also finds that, as it indicated earlier, that you are a risk of committing this type of offense in the future.
{¶ 17} "As such, the Court will follow the State's recommendation in part and impose a four-year sentence on each of the felonies of the third degree. The Court will order that those sentences be served consecutively. The Court will also order that you be given credit for time served, and that you pay the court costs in this matter." Tr. at 93-94.
{¶ 18} Upon review of the transcript of the sentencing hearing, we find the trial court failed to make all the findings required by R.C.
{¶ 19} Thus, we remand this matter to the trial court resentencing.
{¶ 20} Appellant's first assignment of error is sustained.
{¶ 22} The judgment of the Muskingum County Court of Common Pleas is reversed and the matter is remanded to the trial court for resentencing in accordance with the law and this opinion.
Hoffman, J. Boggins, P.J. and Farmer, J. concur.
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