State v. Marcum, 2017 Ohio 7655

Clinton Marcum was indicted on multiple sex-related offenses after allegations by his daughter and granddaughters; he waived a jury trial.
Eleven counts were dismissed or resulted in acquittal; the trial court convicted him of 2 counts of gross sexual imposition, 1 count of sexual battery, and 3 counts of sexual imposition.
The court imposed five-year prison terms on the gross sexual imposition and sexual battery counts, 60-day jail terms on two sexual imposition counts, and declined to sentence on the merged third count.
Sentences for gross sexual imposition and sexual imposition were ordered to run concurrently with each other but consecutively to the five-year sexual battery term, producing a 10-year total sentence.
Marcum appealed, arguing the trial court failed to make the statutory findings required to impose consecutive sentences under R.C. 2929.14(C)(4).
The Court of Appeals reversed and remanded for resentencing because the trial court did not make the required R.C. 2929.14(C)(4) findings at the sentencing hearing or in the entry.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court made required findings to impose consecutive sentences under R.C. 2929.14(C)(4)	State conceded trial court failed to make required findings	Marcum argued sentencing lacked the statutory findings; consecutive sentences therefore improper	Court held trial court failed to make required R.C. 2929.14(C)(4) findings and remanded for resentencing

State v. Marcum, 146 Ohio St.3d 516 (2016) (articulates appellate standard for reviewing felony sentences under R.C. 2953.08(G)(2))
Cross v. Ledford, 161 Ohio St. 469 (1954) (defines clear and convincing evidence standard)
State v. Bonnell, 140 Ohio St.3d 209 (2014) (requires R.C. 2929.14(C)(4) findings be made at sentencing hearing and incorporated into the entry; word-for-word statutory recital not required but record must show correct analysis)