State v. Smith
2014 Ohio 3700
Ohio Ct. App.2014Background
- Appellant Josias T. Smith was indicted May 9, 2013 on multiple offenses with firearm specifications.
- Dec. 9, 2013, Smith pled guilty to five counts (aggravated burglary with spec., kidnapping with spec., aggravated robbery with spec., tampering with evidence with spec., and failure to comply).
- The trial court sentenced Smith to 26 years on Jan. 10, 2014 (journalized Jan. 13, 2014).
- Smith appealed his sentence to the Ohio Court of Appeals on Feb. 11, 2014.
- The sole assignment of error contends the court imposed consecutive sentences without the findings required by R.C. 2929.14(C)(4).
- The appellate court held the trial court failed to make the required findings and that the sentence constitutes plain error, warranting remand for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether consecutive sentences required findings under R.C. 2929.14(C)(4). | Smith | Smith | Yes; plain error found; remand for proper findings and resentencing |
Key Cases Cited
- State v. Ayers, 2014-Ohio-276 (10th Dist. No. 13AP-371, 2014-Ohio-276) (establishes plain-error review for missing R.C. 2929.14(C)(4) findings)
- State v. Bailey, 2013-Ohio-3596 (10th Dist. No. 12AP-699, 2013-Ohio-3596) (consecutive-sentencing findings must be made or plain error)
- State v. Fair, 2014-Ohio-2788 (10th Dist. No. 13AP-901, 2014-Ohio-2788) (mentions requirement of findings under 2929.14(C)(4))
- State v. Adams, 2014-Ohio-1809 (10th Dist. No. 13AP-783, 2014-Ohio-1809) (confirms plain-error approach for missing 2929.14(C)(4) findings)
- State v. F.R., 2014-Ohio-799 (10th Dist. No. 13AP-525, 2014-Ohio-799) (discusses findings under 2929.14(C)(4))
- State v. Bonnell, Ohio St.3d, 2014-Ohio-3177 (Ohio Supreme Court, 2014-Ohio-3177) (explains that exact statutory language need not be recited; record must show proper analysis)
- State v. Hunter, 2013-Ohio-4013 (10th Dist. No. 13AP-196, 2013-Ohio-4013) (supports view that failure to make findings is plain error)
- State v. Wilson, 2013-Ohio-1520 (10th Dist. No. 12AP-551, 2013-Ohio-1520) (discusses application of 2929.14(C)(4) findings)