Summary
This Ohio Court of Appeals opinion addresses a criminal defendant's appeal of his sentence imposed pursuant to a jointly recommended plea agreement. Although the trial court misstated the terms of the agreement during the oral sentencing hearing, the written judgment entry correctly reflected the negotiated 15-to-20-year prison term. The appellate court affirmed the conviction and sentence, holding that under R.C. 2953.08(D), an agreed sentence authorized by law and jointly recommended by the parties is not subject to appellate review. Consequently, the defendant's challenge regarding the lack of statutory findings for consecutive sentences was overruled.
Topics
Practice areas
Questions Presented
- Whether an agreed sentence that includes consecutive sentences is reviewable on appeal under R.C. 2953.08(D).
- Whether the trial court erred in sentencing appellant to consecutive terms without the statutory findings required for consecutive sentencing.
Holdings
- An agreed sentence that is authorized by law, jointly recommended by the parties, and imposed by the sentencing judge is not subject to review under R.C. 2953.08(D), even if the trial court fails to make the findings required for consecutive sentences.
- The trial court did not err; because the sentence was an agreed sentence, the court was not required to make the separate findings for consecutive sentencing.
Key quotations
“We have held that agreed sentences are not reviewable on appeal. State v. Turner, 2011-Ohio-6714, ¶ 31 (2d Dist.).” (¶ 11)
“An agreed sentence that involves a discretionary decision to impose consecutive sentences is ‘authorized by law’ and unreviewable on appeal even if the trial court fails to make the consecutive‑sentence findings. State v. Morgan, 2018-Ohio-3198, ¶ 22 (2d Dist.).” (¶ 15)
Factual background
Colvin pleaded guilty to multiple felony assault and drug trafficking counts under plea agreements that prescribed specific prison terms. The agreements required eight years for one assault count, seven years for another, ten to fifteen years for a drug trafficking count, and five years for a second‑degree felony, with the two case sentences to run concurrently for a total of 15‑20 years.
Procedural history
Colvin was convicted in two separate criminal cases and entered plea agreements that provided for an agreed sentence of 15‑20 years, to be served with certain consecutive and concurrent terms. The trial court entered a judgment consistent with the plea agreement, though it misstated the terms at the sentencing hearing. Colvin appealed, arguing the sentence was improper and not supported by required findings.