Summary
This Ohio Court of Appeals decision reviews a criminal defendant's challenge to his 24-to-27-year prison sentence imposed after pleading guilty to multiple felonies, including burglary, aggravated robbery, and felonious assault. The appellant argued that the trial court failed to unambiguously order consecutive sentences for certain counts and improperly weighed statutory sentencing factors under R.C. 2929.11 and 2929.12. Applying a clear and convincing evidence standard, the appellate court found the record supported the trial court's consideration of all required factors and its intent to run all sentences consecutively. Consequently, the court overruled the assignment of error and affirmed the judgment of the Union County Court of Common Pleas.
Topics
Practice areas
Questions Presented
- Whether the trial court erred by ordering all sentences to run consecutively without an explicit indication for Counts Seven and Eight.
- Whether the trial court failed to properly consider and weigh the sentencing factors set forth in R.C. 2929.12, rendering the sentence contrary to law.
Holdings
- The trial court did not err; its sentencing entry correctly reflected that all sentences, including Counts Seven and Eight, were to run consecutively.
- The trial court properly considered the statutory sentencing factors; the sentence is within the statutory range and not contrary to law.
Key quotations
“These sentences all run consecutive.” (¶18)
“The trial court stated that it considered the factors set forth by the legislature in Section 2929.12.” (¶20)
Factual background
In August 2023 Gross assaulted K.W., punching her, striking her unconscious, and later drove her car into multiple vehicles, causing a semi‑truck crash. He also previously strangled K.W. on July 17, 2023. The assaults resulted in serious injuries.
Procedural history
Gross was indicted on ten felony counts, entered guilty pleas to eight counts, was sentenced to a consecutive term of 24‑27 years, and appealed alleging errors in the consecutive sentencing order and in the weighing of statutory sentencing factors.
Remand instructions
The cause is remanded to the trial court for execution of the judgment for costs.