State v. Wilson
2012 Ohio 4159
Ohio Ct. App.2012Background
- Wilson was convicted by jury of aggravated robbery, felonious assault, and kidnapping after a violent robbery.
- Trial court sentenced Wilson to 10, 8, and 7 years, respectively, to be served consecutively for a total of 25 years.
- This court previously held the counts were allied offenses with some mergers and remanded for a new sentencing hearing with the state electing the allied offense for sentencing.
- On remand, the state elected to sentence on aggravated robbery and felonious assault; Wilson received 10 years on aggravated robbery and 6 years on felonious assault, consecutive for 16 years, with postrelease control.
- The appellate court later held the trial court failed to make the required RC 2929.14(C)(4) findings before imposing consecutive sentences and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court improperly imposed consecutive sentences without RC 2929.14(C)(4) findings | Wilson | Wilson | Remanded for resentencing; findings required |
Key Cases Cited
- State v. Calliens, 8th Dist. No. 97034, 2012-Ohio-703 (Ohio 2012) (mandatory on-record findings before consecutive sentences)
- State v. Jones, 2012-Ohio-2075 (Ohio 2012) (requires RC 2929.14(C)(4) findings on record)
- State v. Wilson, 129 Ohio St.3d 214, 2011-Ohio-2669 (Ohio 2011) (remand for new sentencing when allied-offense error; no bar to objections on remand)