State v. Anderson

Summary

The Fifth District Court of Appeals of Ohio affirmed Jeremy A. Anderson's eight-year consecutive prison sentence for two counts of aggravated vehicular assault. The court held that the trial court properly made the findings required by Ohio Revised Code § 2929.14(C)(4), imposed sentences within the statutory range, and did not impose a sentence contrary to law.

Holdings

1. An appellate court reviewing a felony sentence under Ohio Revised Code section 2953.08(G)(2) does not review for abuse of discretion and may modify or vacate the sentence only upon a clear and convincing finding that the record does not support the applicable statutory findings or that the sentence is otherwise contrary to law.
2. The trial court lawfully imposed consecutive sentences because it made the findings required by Ohio Revised Code section 2929.14(C)(4) at the sentencing hearing and incorporated those findings into the sentencing entry, and the record supported the findings.

Questions Presented

1. Whether the trial court's imposition of consecutive sentences was contrary to law because the record did not support the findings required by Ohio Revised Code section 2929.14(C)(4).
2. What standard governs appellate review of a felony sentence under Ohio Revised Code section 2953.08(G)(2).

Disposition

affirmed