State v. Derrick, 2021 Ohio 1330

Kenneth Derrick pleaded guilty to three felonies: third-degree OVI, fifth-degree possession of a fentanyl-related compound, and fifth-degree aggravated possession of drugs.
The trial court ordered a PSI and considered Derrick’s mental-health records before sentencing.
At sentencing the court imposed 36 months for OVI and 9 months each for the two drug counts, to run consecutively for a 54-month aggregate term.
Derrick argued on appeal that consecutive sentences violated the purposes and principles of felony sentencing in R.C. 2929.11 and that concurrent terms with residential treatment would better protect the public and rehabilitate him.
The appellate court took judicial notice of a prior revocation notice referenced in Derrick’s sentencing memorandum and reviewed whether the consecutive-sentence findings complied with R.C. 2929.14(C)(4) under the R.C. 2953.08(G)(2) standard.
The record (extensive OVI history, prior felony convictions, community-control status when offenses occurred, overdose at crash, possession of fentanyl/methamphetamine/clonazepam, and history of refusing inpatient treatment) supported the trial court’s consecutive-sentence findings; the judgment was affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court erred by imposing consecutive sentences	State: Trial court made the required R.C. 2929.14(C)(4) findings at sentencing and entry; findings are supported by the record	Derrick: Consecutive sentences defeat R.C. 2929.11 purposes; concurrent terms with residential treatment would better protect public and rehabilitate him	Court: Affirmed. Consecutive findings were made and supported by record; review properly governed by R.C. 2929.14(C)(4)/R.C. 2953.08(G)(2) and not R.C. 2929.11

State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (sets R.C. 2953.08(G)(2) standard for appellate review of felony sentences)
State v. Gwynne, 141 N.E.3d 169 (Ohio 2019) (R.C. 2929.11 and 2929.12 apply to individual sentences; consecutive sentences reviewed under R.C. 2929.14(C)(4))
State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (trial court must state required R.C. 2929.14(C)(4) findings at sentencing and incorporate them in the entry)
State ex rel. Everhart v. McIntosh, 874 N.E.2d 516 (Ohio 2007) (appellate courts may take judicial notice of publicly accessible court records)
State v. Withrow, 64 N.E.3d 553 (Ohio App. 2016) (appellate court may not reverse consecutive sentences unless record clearly and convincingly fails to support trial court findings)
State v. Brown, 99 N.E.3d 1135 (Ohio App. 2017) (sentence is contrary to law when outside statutory range or court fails to consider R.C. 2929.11/2929.12)