State v. Cardwell
2016 Ohio 5591
Ohio Ct. App.2016Background
- Appellant Ka-Juan Cardwell was indicted on seven counts of burglary (one count had a firearm specification later nolled) for separate incidents involving occupied residences and thefts.
- Cardwell pleaded guilty to all seven burglary counts; no joint sentencing recommendation was made by the parties.
- At sentencing, the court imposed 2 years on each count, ordered consecutively, for a total of 14 years imprisonment.
- At the sentencing hearing the court discussed victims’ harms, Cardwell’s drug use, lack of remorse, prior juvenile adjudication, and concluded a single term would not adequately address the course of conduct or protect the public.
- Cardwell appealed, arguing the trial court failed to make the required R.C. 2929.14(C)(4) findings at the sentencing hearing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court made the required R.C. 2929.14(C)(4) findings to impose consecutive sentences | The State: the record and transcript show the court made the necessary findings (and any omission in the entry can be remedied) | Cardwell: the trial court failed to make the disproportionality finding and one of the alternative (a),(b),(c) findings at the sentencing hearing | Affirmed: the court concluded the transcript and entry show the required findings were made (including a course-of-conduct finding under (b) and a history-of-conduct finding under (c)), but remanded for a nunc pro tunc entry to explicitly reflect the disproportionality finding made at hearing |
Key Cases Cited
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (trial court must make R.C. 2929.14(C)(4) findings at sentencing and incorporate findings into the entry; exact statutory language not required)