State v. Wooden, Unpublished Decision (1-19-2006)
State v. Wooden, Unpublished Decision (1-19-2006)
Opinion of the Court
OPINION
{¶ 1} Plaintiff-appellant, the State of Ohio, appeals from a judgment of conviction and sentence entered by the Franklin County Court of Common Pleas. Because the trial court failed to make the findings required by R.C.{¶ 2} On August 23, 2004, defendant-appellee, John W. Wooden, Jr., was indicted for one count of aggravated robbery in violation of R.C.
{¶ 3} The trial court sentenced appellee on March 2, 2005. The State requested the trial court to impose a prison term, citing the presumption of a prison term for appellee's felony conviction, his prior criminal record and time in prison, and the facts of the offense. The trial court rejected the State's request and placed appellee on community control for four years.
{¶ 4} The State appeals, assigning the following errors:
[I.] THE TRIAL COURT ERRED IN IMPOSING COMMUNITY CONTROL WHEN IT FAILED TO MAKE THE REQUIRED FINDINGS AND FAILED TO GIVE ADEQUATE REASONS FOR OVERCOMING THE PRESUMPTION IN FAVOR OF A PRISON TERM.
[II]. THE TRIAL COURT'S IMPOSITION OF COMMUNITY CONTROL IS CONTRARY TO LAW, AS DEFENDANT CANNOT OVERCOME THE PRESUMPTION IN FAVOR OF A PRISON TERM.
{¶ 5} Appellee pled guilty to one count of robbery, in violation of R.C.
(1) A community control sanction or a combination of community control sanctions would adequately punish the offender and protect the public from future crime, because the applicable factors under section
(2) A community control sanction or a combination of community control sanctions would not demean the seriousness of the offense, because one or more factors under section
R.C.
{¶ 6} The State contends in its first assignment of error that the trial court failed to make the required findings and to give its reasons for imposing a community control sanction. We agree. At appellee's sentencing hearing, the trial court failed to make the findings required by R.C.
{¶ 7} In its second assignment of error, the State contends that any imposition of community control sanctions in this case would be contrary to law and that this court should remand the case to the trial court with instruction to impose a prison term. We disagree and remand the matter to the trial court to make whatever findings it deems appropriate and to enter a sentence based on those findings. The State's second assignment of error is overruled.
{¶ 8} The State's first assignment of error is sustained and its second assignment of error is overruled. The judgment of the Franklin County Court of Common Pleas is reversed and this matter is remanded to the trial court for resentencing in compliance with the applicable statutory sentencing guidelines.
Judgment reversed and cause remanded for resentencing.
Petree and McGrath, JJ., concur.
Reference
- Full Case Name
- State of Ohio v. John Wooden, Jr.
- Cited By
- 3 cases
- Status
- Unpublished