State v. Revels
2014 Ohio 795
Ohio Ct. App.2014Background
- Consolidated appeal from Franklin County Court of Common Pleas sentencing Revels to consecutive terms totaling 11 years.
- Appellant pled guilty to possession of cocaine (F1), trafficking in cocaine (F2), and having a weapon under disability (F3).
- Sentences: 6 years for the possession count (concurrent with 1 year for the weapon count) and 5 years for trafficking (consecutive), totaling 11 years.
- Trial court made remarks about appellant's criminal history and lack of rehabilitation at sentencing.
- Judgments were entered August 9, 2012, memorializing the consecutive sentences appealed here.
- Appellant argues the court failed to make the required RC 2929.14(C)(4) findings for consecutive sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to make RC 2929.14(C)(4) findings | Revels contends the court did not make required findings. | State concedes noncompliance and argues remand is appropriate. | Remanded for resentencing to satisfy RC 2929.14(C)(4) findings. |
Key Cases Cited
- State v. Ayers, 2014-Ohio-276 (10th Dist. 2014) (plain-error plain-review for failure to make RC 2929.14(C)(4) findings)
- State v. Wilson, 2013-Ohio-1520 (10th Dist. 2013) (consolidated review; requires record findings for consecutive sentences)
- State v. Castlin, 2014-Ohio-223 (10th Dist. 2014) (remand for resentencing when RC 2929.14(C)(4) findings are missing)
- State v. Gilbert, 2012-Ohio-5521 (10th Dist. 2012) (discusses framework for RC 2929.14(C)(4) analysis)
- State v. Bailey, 2013-Ohio-3596 (10th Dist. 2013) (reduction in penalties under HB 86 affects applicability of RC 2929.14(C)(4))