State v. Beverly, 2015 Ohio 4710

Defendant Rocky Beverly pled guilty to attempted aggravated robbery (second-degree felony) and escape (third-degree felony); a second aggravated robbery charge was dismissed as part of the plea agreement.
PSI showed Beverly was on post-release control at the time of the offenses, had six prior prison terms, an extensive juvenile and adult criminal history, and longstanding substance-abuse problems.
The attempted aggravated robbery involved Beverly keeping his hand in his jacket as if he had a weapon while demanding money; the cashier reported fear and prior victimizations.
The escape occurred when Beverly, handcuffed and being escorted from Preble County Jail to detectives’ vehicle, ran and was apprehended after a foot chase; he had prior escape adjudications/convictions.
Trial court imposed maximum terms (8 years and 3 years) to be served consecutively, and ordered remaining post-release control time to be served consecutively; court relied on R.C. 2929.14(C)(4) findings, citing the prior six prison terms and post-release control status.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether record supports imposition of consecutive sentences under R.C. 2929.14(C)(4)	State contends the court properly relied on PSI, prior prison terms, and defendant being on post-release control to make required findings	Beverly argues offenses were nonviolent/minor, escape was minor, court improperly relied on dismissed charges and criminal history alone is insufficient	Court held record supports the statutory findings; consecutive sentences upheld

State v. Rodeffer, 5 N.E.3d 1069 (2d Dist. 2013) (applies R.C. 2953.08(G)(2) standard of appellate review to sentencing, including consecutive sentences)
State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (appellate court must review record and vacate consecutive sentence if record clearly and convincingly does not support R.C. 2929.14(C)(4) findings)