Summary
The Ohio Court of Appeals for the Fifth Appellate District affirmed Lovely Worden's convictions and aggregate prison sentence in two Muskingum County cases. The court held that the trial court properly made and supported the findings required by Ohio Revised Code section 2929.14(C)(4) for consecutive sentences. Because Worden did not object at sentencing, the appellate court reviewed her claim for plain error and found none.
Holdings
- The trial court's findings under R.C. 2929.14(C)(4) were supported by the record, and the consecutive sentences were not clearly and convincingly unsupported or otherwise contrary to law.
- Worden failed to establish plain error warranting reversal because she did not show that the outcome would clearly have been different absent the claimed sentencing error.
Questions Presented
- Whether the trial court plainly erred by imposing consecutive sentences under R.C. 2929.14(C)(4) when the statutory consecutive-sentence findings were allegedly unsupported by the record.
Disposition
affirmed
Cases Cited (8)
- State v. Marcum, 2016-Ohio-1002, ¶ 22(applied)
- State v. Howell, 2015-Ohio-4049, ¶ 31 (5th Dist.)(applied)
- State v. Bonnell, 2014-Ohio-3177, ¶¶ 16, 29(applied)
- State v. Gwynne, 2023-Ohio-3851, ¶ 5, 231 N.E.3d 1109(applied)
- Cross v. Ledford, 161 Ohio St. 469 (1954), paragraph three of the syllabus(applied)
- State v. Wilson, 2013-Ohio-1520, ¶ 8 (10th Dist.)(applied)
- State v. Long, 53 Ohio St.2d 91 (1978), paragraphs one through three of the syllabus(applied)
- State v. Jones, State v. Jones, 2020-Ohio-6729, paragraph one of the syllabus, ¶ 42(applied)
Cited In (0)
No citing cases on record yet.
Court Document
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