State v. Oliver, 2014 Ohio 3982

Defendant Oral Richard Oliver (born 1956) pled guilty to three counts of first-degree rape for repeatedly engaging in sexual intercourse with a girl under age 13, who became pregnant.
Plea was negotiated: agreed recommended indefinite terms of 10 years to life on each count, potentially consecutive; plea accepted after Crim.R. 11 hearing where defendant admitted the factual basis.
Pre-sentence investigation ordered; at sentencing the court and parties argued regarding consecutive terms; victim's guardian made a statement; defense noted no prior criminal history.
Trial court sentenced Oliver to three consecutive terms of 10 years to life, for an aggregate 30 years to life, and entered findings supporting consecutive sentences.
Defendant appealed solely arguing the trial court failed to make the specific statutory findings under R.C. 2929.14(C)(4) required to impose consecutive sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court made required findings under R.C. 2929.14(C)(4) before imposing consecutive sentences	State: Court articulated statutory findings at hearing and in the journal entry, and record supports findings	Oliver: Court failed to make the specific subsection (a),(b),(c) finding required by R.C. 2929.14(C)(4)	Court upheld sentence: findings were made at hearing and in entry; record supports that (b) factors applied (multiple courses of conduct; great/unusual harm)

State v. Bonnell, 140 Ohio St.3d 209 (Ohio 2014) (trial court must state R.C. 2929.14(C)(4) findings at sentencing; journal should reflect them but exact statutory wording not required)
State v. Brooke, 113 Ohio St.3d 199 (Ohio 2007) (a court speaks through its journal)
State v. Jones, 93 Ohio St.3d 391 (Ohio 2001) (trial court is best positioned to assess defendant dangerousness and victim impact)
Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (definition of clear and convincing evidence)