State v. Myers

Summary

The Ohio Third District Court of Appeals reviewed Cory Thomas Myers's challenge to consecutive sentences imposed for gross sexual imposition, endangering children, and disseminating matter harmful to juveniles. The court held that the trial court made the required findings under Ohio Revised Code section 2929.14(C)(4), that the record supported those findings, and that the sentences were not contrary to law. The judgments of the Wyandot County Court of Common Pleas were affirmed.

Holdings

1. The trial court made the required findings that consecutive sentences were necessary to protect the public or punish Myers, were not disproportionate to the seriousness of his conduct and the danger he posed, and that statutory consecutive-sentencing factors applied. The record supported those findings.
2. The consecutive sentences were not contrary to law because the record supported the trial court's R.C. 2929.14(C)(4) findings, and Myers failed to establish by clear and convincing evidence that the findings were unsupported.

Questions Presented

1. Whether the trial court's findings under R.C. 2929.14(C)(4) supported the imposition of consecutive sentences.
2. Whether the consecutive sentences were contrary to law under R.C. 2953.08(G)(2).

Disposition

affirmed