State v. Wells
2013 Ohio 3809
Ohio Ct. App.2013Background
- Wells was indicted in three Cuyahoga County cases: CR-564784 (drug trafficking/possession/tools), CR-566206 (casino robbery), and CR-566207 (home invasion, kidnapping, burglary, robbery, felonious assaults).
- He pled guilty to drug possession in CR-564784, to amended counts in the home invasion case, and to amended counts in the casino case on October 17–31, 2012, with accompanying firearm specifications and notices modified by the state.
- The court sentenced Wells with concurrent terms on the drug case and casino case, and a separate, multi-faceted sentence on the casino case totaling ten years.
- The home-invasion case received concurrent eight-year terms on multiple counts, merged firearm specifications into a three-year spec, plus a weapon-under-disability term; total eleven years, consecutive to the casino case.
- Overall aggregate sentence across all three cases was 21 years, to be served consecutively to the casino case.
- Wells appeals, challenging the procedural basis for consecutive-sentencing findings and the trial court’s exercise of discretion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the court err by not citing the exact subsection for consecutive sentences? | Wells contends failure to indicate R.C. 2929.14(C)(4) invalidates findings. | Wells argues lack of subsection citation undermines required findings. | No error; proper findings under R.C. 2929.14(C)(4) were made and are valid. |
| Were the consecutive sentences a permissible exercise of discretion? | Wells asserts sentences are excessive and not supported by findings. | Wells argues the court abused discretion in imposing consecutive terms. | Consecutive sentences upheld; findings under 2929.14(C)(4) supported and not contrary to law. |
Key Cases Cited
- State v. Venes, 2013-Ohio-1891 (8th Dist. Cuyahoga 2013) (standard of review for consecutive sentences post HB 86; revival of findings)
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (prescribed findings for consecutive sentences)
- State v. Jones, 93 Ohio St.3d 391 (2001-Ohio-1341) (the required separate findings for consecutive sentences)
- State v. Wells, 2013-Ohio-1179 (8th Dist. Cuyahoga 2013) (concurrent default and HB 86 findings in same district context)