State v. Ramsey
2017 Ohio 4398
Ohio Ct. App.2017Background
- In Sept. 2015, 17-year-old Nyshawn Ramsey and co-defendant Joshua Collins broke into Ramsey's father’s home; a confrontation with resident Dezjuana Hairston resulted in Collins' fatal injuries and Ramsey pleading to involuntary manslaughter, aggravated burglary, and a firearm specification.
- After juvenile bindover, a Licking County grand jury indicted Ramsey for murder, attempted murder, and aggravated burglary, each with firearm specifications.
- Ramsey negotiated a plea: the state would amend murder to involuntary manslaughter, dismiss attempted murder and two firearm specs, and both parties jointly recommended a 12–15 year sentencing range. The agreement was filed and signed.
- At sentencing the court imposed 5 years for involuntary manslaughter, 4 years for aggravated burglary, and a mandatory 3-year firearm specification to be served prior and consecutively, for an aggregate 12-year term. Ramsey did not object at sentencing to consecutive service.
- On appeal Ramsey argued the trial court erred by not making R.C. 2929.14(C)(4) findings before imposing consecutive sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court was required to make R.C. 2929.14(C)(4) findings before imposing consecutive sentences | State: the sentence was a joint recommendation within a 12–15 year range and thus authorized by law and not appealable under R.C. 2953.08(D)(1) | Ramsey: trial court abused discretion by imposing consecutive sentences without making the statutory consecutive-sentence findings | Court: Affirmed — jointly recommended sentence that yields consecutive terms is "authorized by law," so R.C. 2929.14(C)(4) findings not required and sentence not reviewable on appeal. |
Key Cases Cited
- State v. Underwood, 124 Ohio St.3d 365 (2010) (a sentence is "authorized by law" for purposes of appeal only if it complies with mandatory sentencing provisions)
- State v. Bonnell, 140 Ohio St.3d 209 (2014) (trial court must make R.C. 2929.14(C)(4) findings at the sentencing hearing and incorporate them into the entry when imposing discretionary consecutive terms)
- State v. Sergent, 148 Ohio St.3d 94 (2016) (when parties jointly recommend nonmandatory consecutive sentences, the R.C. 2929.14(C)(4) findings are not required and the sentence is authorized by law)