State v. Conley

Summary

The Eighth District Court of Appeals of Ohio affirmed Tyler Conley’s aggregate 24-month prison sentence following his guilty pleas to failure to comply, breaking and entering, and attempted theft. The court held that consecutive sentencing was mandated by Ohio Revised Code § 2921.331(D), which requires a prison term for felony failure to comply to be served consecutively to any other prison term, so the trial court was not required to make findings under § 2929.14(C)(4).

Holdings

1. A trial court need not make the findings required by R.C. 2929.14(C)(4) when it imposes a prison term for a violation of R.C. 2921.331(B), because R.C. 2921.331(D) mandates that term be served consecutively to any other prison term.
2. The consecutive-sentence mandate in R.C. 2921.331(D) applies to any other prison term, including a prison term imposed in a different criminal case.

Questions Presented

1. Whether the trial court was required to make the consecutive-sentence findings under R.C. 2929.14(C)(4) before ordering the prison term for fourth-degree failure to comply consecutive to other prison terms.
2. Whether the consecutive sentence was clearly and convincingly contrary to law under R.C. 2953.08(G)(2), including whether the mandate applied to sentences imposed in separate cases.

Disposition

affirmed