2017 Ohio 26
Ohio Ct. App.2017Background
- Teresa B. Kennedy pleaded guilty in two Greene County cases: Case No. 2015 CR 122 (aggravated possession) and Case No. 2015 CR 309 (13 offenses including engaging in a pattern of corrupt activity, burglary, multiple counts of grand theft and burglary, inducing panic, forgery, theft, receiving stolen property).
- The State dismissed eight additional counts and agreed not to seek more than a 20-year sentence in CR 309 and to recommend concurrency with CR 122; no binding joint sentence was agreed.
- The trial court sentenced Kennedy to 36 months in CR 122 (concurrent to CR 309) and an aggregate 16-year sentence in CR 309 by ordering most counts concurrent but imposing consecutive service for Counts I and XXI.
- The sentencing entry also imposed restitution; the plea agreement specified total restitution of $19,110.19 with Kennedy’s share being $7,036.73.
- On appeal Kennedy challenged (1) the imposition of consecutive sentences without the statutory R.C. 2929.14(C)(4) findings and (2) the restitution order as duplicative/misstated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court lawfully imposed consecutive sentences without making required statutory findings | State concedes court must make R.C. 2929.14(C)(4) findings and that none were made | Kennedy argued consecutive terms were imposed without requisite findings, making them improper | Court reversed consecutive-sentence portion and remanded for resentencing with required findings |
| Whether the restitution order was proper | State relied on plea agreement acknowledging $19,110.19 total restitution and Kennedy’s $7,036.73 share | Kennedy argued the judgment entry ambiguously imposed two restitution amounts (both $19,110.19 and $7,036.73), creating plain error | Court found plain error: entry could be read as imposing two separate restitution orders; reversed and remanded for clarification/resentencing on restitution |
Key Cases Cited
- State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (trial court must make and record findings to impose consecutive sentences)
- State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (appellate review of felony sentences governed by R.C. 2953.08(G)(2) standard rather than abuse-of-discretion)