2021 Ohio 150
Ohio Ct. App.2021Background
- Andrew M. Smith (age 29) was indicted on five counts arising from conduct with a 15‑year‑old: rape; corrupting another with drugs; illegal use of a minor in nudity‑oriented material; pandering sexually‑oriented matter involving a minor; and felonious assault.
- Allegations: Smith had sex with the minor multiple times during a weeklong period, introduced and injected her with heroin about 20 times causing addiction, and infected her with Hepatitis C; photographs/video of the victim were posted online.
- On August 5, 2019 Smith pled guilty to Counts 2, 3, and 4 (drug corruption and the two sex‑related counts involving a minor); Counts 1 and 5 were dismissed per the plea agreement.
- The trial court sentenced Smith to six years on each count, with Counts 3 and 4 concurrent and Count 2 consecutive to those, for a total of 12 years; Smith was classified as a Tier II sex offender.
- Smith appealed only the imposition of consecutive sentences under R.C. 2929.14(C)(4); the court remanded briefly to enter a final appealable judgment that dismissed Counts 1 and 5, then considered the consecutive‑sentence challenge.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Smith) | Held |
|---|---|---|---|
| Whether the record supports imposition of consecutive sentences under R.C. 2929.14(C)(4) | Trial court made the required statutory findings (necessity to protect/public, proportionality) on the record and in the entry; defendant's criminal history satisfies (C)(4)(c); victim impact and PSI support findings | Record does not support findings; Smith cites his cooperation with police and release on recognizance for treatment as evidence the public did not need protection; claims some trial remarks punished lawful but immoral behavior | Affirmed. Court found the trial court stated the required findings at hearing and in the journal, gave supporting reasons, and the record (victim impact statement, PSI, extensive criminal history, serious harm to victim) supports consecutive sentences under (C)(4)(c). |
Key Cases Cited
- State v. Bonnell, 16 N.E.3d 659 (Ohio 2014) (trial court must make the statutory findings for consecutive sentences on the record and in the entry; court need not state detailed reasons but the record must support the findings.)