State v. Campbell
2016 Ohio 415
Ohio Ct. App.2016Background
- Defendant Roscoe T. Campbell was convicted by a jury of two counts of rape of a child under 13 (one count with a <10 specification). Victim was his daughter; trial evidence included her testimony and a polygraph examiner's report; Campbell denied the offenses.
- Trial court originally sentenced Campbell to consecutive terms: life with parole eligibility after 10 years (count 1/specification) and 8 years (count 2).
- On direct appeal this court affirmed conviction but reversed the imposition of consecutive sentences because the trial court had not made the findings required by R.C. 2929.14(C)(4), and remanded for resentencing.
- At resentencing the trial court explicitly stated findings under R.C. 2929.14(C)(4) (necessity to protect the public/punish, non-proportionality not shown, and applicable statutory circumstance), imposed the same consecutive terms, and incorporated those findings in the judgment entry.
- Campbell appealed the resentencing, arguing the court failed to provide adequate justification and that consecutive terms were not the minimum sanction necessary under R.C. 2929.11.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred in resentencing to consecutive terms under R.C. 2929.14(C)(4) | State: trial court complied with Bonnell by making required findings at hearing and in entry | Campbell: court failed to give adequate justification; consecutive terms unnecessary and not the minimum sanction under R.C. 2929.11 | Affirmed — court made the statutory findings at resentencing and was not required to state reasons beyond those findings |
Key Cases Cited
- Bonnell v. Ohio, 140 Ohio St.3d 209 (2014) (trial courts must make the R.C. 2929.14(C)(4) findings at the sentencing hearing and incorporate them into the entry but need not state reasons supporting those findings)
- Kalish v. State, 120 Ohio St.3d 23 (2008) (discusses standard of appellate review for felony sentences prior to statutory clarification)
- State v. Brewer, 11 N.E.3d 317 (Ohio App. 2014) (interpreting R.C. 2953.08(G)(2) standard of review for felony-sentencing appeals)