State v. Hess

Summary

The Ohio Fifth District Court of Appeals affirmed Kortlan J. Hess's convictions and aggregate 15-to-19-year prison sentence for drug offenses and having weapons while under disability. The court held that the record supported the trial court's findings under R.C. 2929.14(C)(4) authorizing consecutive sentences and that the sentence was not contrary to law.

Holdings

1. A defendant who fails to object to the imposition of consecutive sentences forfeits all but plain-error review on appeal.
2. A trial court complies with R.C. 2929.14(C)(4) when it makes the required statutory findings at the sentencing hearing and identifies the applicable statutory basis; it need not state reasons supporting those findings or use talismanic language.
3. An appellate court may modify or reverse consecutive sentences only if it clearly and convincingly finds that the record does not support the trial court's R.C. 2929.14(C)(4) findings or that the sentence is contrary to law.

Questions Presented

1. Whether Hess forfeited appellate review of the consecutive sentences, except for plain error, by failing to object in the trial court.
2. Whether the record clearly and convincingly failed to support the trial court's findings under R.C. 2929.14(C)(4) authorizing consecutive sentences.
3. Whether the consecutive sentences were contrary to law.

Disposition

affirmed