State v. Greene
2014 Ohio 3713
Ohio Ct. App.2014Background
- Greene pled guilty to obstruction of justice and involuntary manslaughter in June 2013 under a plea agreement; second case nolled; manslaughter carries mandatory prison time with a minimum four-year term and no merger for sentencing.
- Greene stated probation status and a prior petty theft; court warned of consequences if probation violations occurred and advised discretion to reject the plea for a harsher penalty.
- In October 2013 sentencing, the court found probation violation, terminated community control, and sentenced Greene to three years for attempted felonious assault, three years for involuntary manslaughter, and imposed community control sanctions for obstruction offenses, with the prison terms to run consecutively.
- On appeal, Greene contends the court imposed consecutive sentences without proper statutory findings under R.C. 2929.14(C)(4).
- The appellate court upheld the consecutive findings in open court but remanded to reflect the findings nunc pro tunc in the sentencing entry per State v. Bonnell.
- Greene also contends the court erred by imposing both a prison term and community control sanctions, including jail time, for the same offenses; the court held these were not a split sentence for the same offense because the sanctions applied across multiple convictions and would be served in sequence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the trial court make the required findings for consecutive sentences | Greene, Nia: findings absent | Greene: findings were not properly incorporated | Findings satisfied; remand for nunc pro tunc incorporation |
| Is it improper to impose prison time with community control sanctions for the same offense | Greene argues split sentence violates law | Greene: no issue; multiple offenses involved | Not a split sentence; order to serve jail under different convictions; affirmed in part and remanded for entry correction |
Key Cases Cited
- State v. Nia, 8th Dist. Cuyahoga No. 99387 (2014-Ohio-2527) (requires separate, explicit findings for consecutive sentences)
- State v. Venes, 8th Dist. Cuyahoga No. 98682 (2013-Ohio-1891) (consecutive sentences criteria)
- State v. Redd, 8th Dist. Cuyahoga No. 98064 (2012-Ohio-5417) (cannot sentence to both community control and prison for same offense)