2014 Ohio 3906
Ohio Ct. App.2014Background
- Brooks pleaded guilty to attempted murder, domestic violence, endangering children, and criminal damaging after the state dismissed kidnapping and felonious assault counts.
- The trial court sentenced Brooks on March 19, 2012 to ten years for attempted murder and six-month terms on the remaining counts, with child endangering ordered consecutive.
- The appellate court held the trial court failed to make the statutorily required R.C. 2929.14(C)(4) findings to support consecutive sentences.
- State v. Bonnell held that consecutive-sentence findings must be made at sentencing and incorporated into the judgment entry, or the sentence must be vacated and the matter remanded.
- This court sustained Brooks’s assignment of error, reversed the sentence, and remanded for resentencing under Bonnell; costs to appellee; mandate to the trial court for further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly made R.C. 2929.14(C)(4) findings for consecutive sentences | Brooks argues the court failed to make required findings | Brooks contends the court’s remarks show insufficient compliance with the statute | Yes; Bonnell requires remand for proper findings and resentencing |
Key Cases Cited
- State v. Bonnell, Slip Opinion No. 2014-Ohio-3177 (Ohio Supreme Court, 2014) (consecutive-sentence findings must be made at sentencing and incorporated into the judgment entry)
- State v. Brooke, 113 Ohio St.3d 199 (2007-Ohio-1533) (court should incorporate findings and reviewable record must show proper analysis)
- State v. Holdcroft, 137 Ohio St.3d 526 (2013-Ohio-5014) (concurrence; considerations on Bonnell methodology)