State v. Evans, 2014 Ohio 3229

Evans was convicted of two counts of felonious assault, attempted murder, kidnapping, tampering with evidence, disrupting public services, and possessing criminal tools; counts were merged for sentencing.
The trial court imposed 11 years on attempted murder, plus six, two, one, and one years on the other counts, respectively, for a total of 21 years to be served consecutively.
On appeal, Evans challenged the imposition of consecutive sentences and the lack of a competency finding prior to trial.
The court merged felonious assault counts with the attempted murder charge and proceeded under the attempted murder conviction for sentencing.
The trial court did not make explicit findings that consecutive sentences were not disproportionate to the seriousness and danger posed by Evans, triggering the issue on appeal.
A competency hearing was held; Evans stipulated to competency based on a report concluding he was competent and sane at the time of the acts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether consecutive sentences were properly justified under RC 2929.14(C)(4).	Evans argues lack of required findings.	State contends findings were implicit or unnecessary given stipulations.	Consecutive sentences reversed; remanded for limited review and proper findings.
Whether the trial court must make a competency finding prior to trial.	Evans contends failure to find competency violated due process.	State asserts competency issue was resolved by hearing and stipulation.	Second assignment overruled; competency issue deemed waived by stipulation and hearing.

State v. Dodson, 8th Dist. Cuyahoga No. 98521 (2013-Ohio-1344) (remedy for improper consecutive-sentencing findings procedures)
State v. Ross, 8th Dist. Cuyahoga No. 98763 (2013-Ohio-3130) (limited remand to address consecutive-sentencing findings)
State v. Walker, 8th Dist. Cuyahoga No. 97648 (2012-Ohio-4274) (precedent on remand for findings when consecutive sentences challenged)
State v. Rubenstein, 40 Ohio App.3d 57 (1987) (competency standards and due-process considerations)
State v. Smith, 8th Dist. Cuyahoga No. 95505 (2011-Ohio-2400) (competency hearing necessity when issue raised/maintained)