2014 Ohio 5343
Ohio Ct. App.2014Background
- Oct. 16, 2013, grand jury indicted appellant in CR-13-578942-A on eight counts (four B&Es, two thefts, two vandalisms).
- Counts 1, 3, 5, 7 charged breaking and entering; Count 2 theft; Counts 4 and 8 vandalism; Count 6 theft.
- Bench trial: appellant convicted on Counts 1–4; not guilty on Counts 5–8.
- May 15, 2014: sentences across cases totaling 3 years and 3 months; various terms run consecutive or concurrent as specified.
- Appellant appealed arguing the court failed to make required factual findings for consecutive sentences under R.C. 2929.14(C)(4).
- Eighth District reversed and remanded for resentencing with proper findings on the record.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the consecutive-sentence findings were required and properly made | State concedes the court failed to make RC 2929.14(C)(4) findings | Littlejohn contends the court should have made or required the necessary findings | Sentence reversed and remanded to make the required findings on the record |
Key Cases Cited
- State v. Bonnell, 140 Ohio St.3d 209 (2014-Ohio-3177) (consecutive-sentence findings required; notice and on-record reasoning)
- State v. Edmonson, 86 Ohio St.3d 324 (1999) (statutory findings must be explicit on the record)
- State v. Jones, 93 Ohio St.3d 391 (2001) (consecutive-sentence requirements; on-record findings)
- State v. Evans, 2014-Ohio-3584 (8th Dist. Cuyahoga No. 100151) (appellate review of consecutive-sentence findings)
- State v. Wells, 2013-Ohio-1179 (8th Dist. Cuyahoga No. 98428) (analysis of RC 2929.14(C)(4) findings)