State v. Peddicord
2014 Ohio 2849
Ohio Ct. App.2014Background
- Peddicord was convicted on two counts of gross sexual imposition involving a three-year-old victim while he supervised her.
- In 2012 he was sentenced to five years on each count, to be served consecutively (total 10 years).
- On appeal, this court reversed part of the sentence for failure to make statutory consecutive-sentence findings and remanded for proper findings.
- At the 2013 sentencing, the trial court imposed two consecutive five-year terms again and made findings under R.C. 2929.14(C)(4).
- The court found two separate courses of conduct and that the conduct’s impact on a child was serious; the court also stated the sentence serves to punish and protect the public.
- Peddicord argues the record does not support the findings or the language used, and thus the consecutive sentences are improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court properly imposed consecutive sentences. | Peddicord argues the findings were not supported by the record and the language did not satisfy the statute. | Peddicord contends the court inadequately proves the required findings for consecutive sentences. | Yes; the court’s findings were supported and consecutive sentences affirmed. |
Key Cases Cited
- State v. Billeg, 2013-Ohio-219 (3d Dist. Wyandot 2013) (requires meaningful review and deferential to trial court on credibility)
- State v. Daughenbaugh, 2007-Ohio-5774 (3d Dist. Wyandot 2007) (limits deference but requires clear error for reversal)
- State v. Watkins, 2004-Ohio-4809 (3d Dist. Auglaize 2004) (judicial deference in consecutive-sentencing review)
- State v. Jones, 93 Ohio St.3d 391 (2001) (staggered sentence review and proportionality considerations)
- State v. Lester, 2005-Ohio-3885 (3d Dist. Wyandot 2005) (clear-and-convincing standard for appellate review)
- State v. Bentley, 2013-Ohio-852 (3d Dist. Marion 2013) (no talismanic words required; must show proper analysis)
- State v. Peddicord, 2013-Ohio-3398 (3d Dist. Henry 2013) (prior ruling onMust relevancy of consecutive-sentence findings)