State v. Lewis

Summary

The Ohio Eighth District Court of Appeals reviewed Doneic Lewis’s challenge to consecutive sentences imposed after his guilty pleas to child endangering, domestic violence, and strangulation offenses. The court held that the trial court failed to make the required finding that consecutive sentences were not disproportionate to the seriousness of the conduct and the danger posed to the public under R.C. 2929.14(C)(4). The consecutive-sentence portion of the judgment was vacated, and the case was reversed and remanded for resentencing.

Holdings

1. A trial court imposing consecutive sentences must make a finding at the sentencing hearing that consecutive sentences are not disproportionate to the seriousness of the offender’s conduct and to the danger the offender poses to the public. The trial court’s discussion of the seriousness of the conduct did not permit the appellate court to discern that it made the required finding concerning disproportionality to the danger posed to the public.
2. The record supported the trial court’s findings that Lewis committed the offenses while awaiting trial or sentencing in another case and that his criminal history demonstrated that consecutive sentences were necessary to protect the public from future crime.

Questions Presented

1. Whether the trial court made all findings required by R.C. 2929.14(C)(4) at the sentencing hearing before imposing consecutive sentences.
2. Whether the record supported the trial court’s findings supporting consecutive sentences.
3. Whether the appellate court should vacate the consecutive-sentence portion of the judgment and remand for resentencing.

Disposition

reversed_and_remanded