2022 Ohio 337
Ohio Ct. App.2022Background
- Defendant-appellant Jerrimie A. Gordon pleaded guilty to two counts of third-degree felony sexual battery.
- Trial court sentenced him to 48 months on each count, ordered to be served consecutively.
- Gordon appealed, arguing the trial court failed to make the statutory findings required for consecutive sentences under R.C. 2929.14(C)(4).
- The State conceded the trial court erred in imposing consecutive terms without making or incorporating the requisite findings.
- The Eleventh District reviewed under R.C. 2953.08(G)(2) and applied Ohio precedent requiring findings be made at the sentencing hearing and incorporated into the sentencing entry.
- Court reversed the sentencing entry and remanded for resentencing; if consecutive terms are reimposed the court must make the required findings at hearing and in the entry.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by ordering consecutive sentences without making required findings under R.C. 2929.14(C)(4) | State conceded the court failed to make required findings and urged remand for resentencing | Gordon argued the consecutive sentences were improper and sought modification to concurrent terms | Court held error; reversed and remanded for resentencing and instructed that any consecutive terms require the statutory findings at the hearing and in the judgment entry |
Key Cases Cited
- State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (trial court must state consecutive-sentence findings at the sentencing hearing and incorporate them into the entry)
- State v. Howard, 165 N.E.3d 1088 (Ohio 2020) (reaffirming Bonnell and requiring the same findings on resentencing if consecutive terms are reimposed)