State v. Holmes
2021 Ohio 3807
Ohio Ct. App.2021Background
- Defendant Russell Holmes pled guilty to two counts of breaking and entering and one count of possession of a fentanyl-related compound; all were fifth-degree felonies.
- The trial court sentenced Holmes to six months in prison on each count and ordered the three sentences to run consecutively for an aggregate 18-month term.
- Holmes appealed, arguing the trial court failed to make the R.C. 2929.14(C)(4) findings required for consecutive sentences at the sentencing hearing.
- The state conceded the trial court erred. At the hearing the court found consecutive sentences were necessary to protect the public and that Holmes was on community control, but it did not make the proportionality finding on the record.
- Although the sentencing entries included all required findings, the appellate court held the proportionality finding must be made at the hearing and be discernible from the record.
- The court affirmed the judgments in part, vacated the consecutive-sentence component, and remanded for a new sentencing hearing limited to the consecutive-sentence findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by imposing consecutive sentences without making all R.C. 2929.14(C)(4) findings at the sentencing hearing | State conceded the trial court failed to make the proportionality finding at the hearing and thus sentenced improperly | Holmes argued the court failed to make the mandatory proportionality finding on the record at the sentencing hearing, even though the journal entries included it | Court agreed with Holmes: proportionality finding must be made at the hearing and be apparent from the record; consecutive sentences vacated and remanded for resentencing on that issue |
Key Cases Cited
- State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (trial court must state R.C. 2929.14(C)(4) findings at sentencing hearing and incorporate them into the entry)
- State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (appellate modification or vacation of sentence governed by R.C. 2953.08(G)(2)(a))
- State v. White, 997 N.E.2d 629 (Ohio 2013) (standard for appellate review under R.C. 2953.08(G)(2))