State v. Atkinson, 06ap-497 (7-26-2007)
State v. Atkinson, 06ap-497 (7-26-2007)
Opinion of the Court
{¶ 2} On November 29, 2004, a Franklin County Grand Jury indicted Atkinson with one count of engaging in a pattern of corrupt activity in violation of R.C.
{¶ 3} The State appeals and assigns the following error:
THE TRIAL COURT ACTED CONTRARY TO LAW BY IMPOSING COMMUNITY CONTROL FOR A SECOND DEGREE FELONY WITHOUT MAKING THE PROPER FINDINGS AND WHERE THE DEFENDANT DID NOT SATISFY THE REQUIREMENTS FOR A DEPARTURE FROM THE PRESUMPTIVE PRISON SENTENCE.
{¶ 4} The trial court placed Atkinson on community control after finding him guilty of a felony of the second degree. Under R.C.
(a) 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
2929.12 of the Revised Code indicating a lesser likelihood of recidivism outweigh the applicable factors under that section indicating a greater likelihood of recidivism.(b) 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
2929.12 of the Revised Code that indicate that the offender's conduct was less serious than conduct normally *Page 3 constituting the offense are applicable, and they outweigh the applicable factors under that section that indicate that the offender's conduct was more serious than conduct normally constituting the offense.
{¶ 5} The sentencing court must make both of these findings before it may deviate from the presumption that a prison term should be imposed.State v. Mathis,
{¶ 6} In this case, the trial court failed to make the findings required by R.C.
Judgment reversed and cause remanded for resentencing.
McGRATH and WHITESIDE, JJ., concur.
WHITESIDE, J., retired, of the Tenth Appellate District, assigned to active duty under authority of Section
Case-law data current through December 31, 2025. Source: CourtListener bulk data.