State v. Vanhorn

Summary

The Ohio Ninth District Court of Appeals affirmed Derrell T. Vanhorn’s nine-year sentence for three counts of aggravated vehicular assault and one count of operating a vehicle under the influence. The court held that the trial court made and incorporated the findings required for consecutive sentences under Ohio Revised Code 2929.14(C)(4), and it presumed regularity because the presentence investigation was not included in the appellate record.

Holdings

1. The trial court complied with R.C. 2929.14(C)(4) by making the required findings at the sentencing hearing and incorporating them into the sentencing entry.
2. The appellate court could not review whether the record supported the findings because Vanhorn failed to include the presentence investigation in the appellate record; the court therefore presumed regularity and affirmed.
3. Vanhorn did not receive maximum sentences on the aggravated-vehicular-assault counts because the applicable maximum was five years and the trial court imposed three years on each count.

Questions Presented

1. Whether the trial court made the findings required by R.C. 2929.14(C)(4) before imposing consecutive sentences and incorporated those findings into the sentencing entry.
2. Whether the record supported the trial court's consecutive-sentence findings.
3. Whether the trial court imposed maximum sentences on the aggravated-vehicular-assault counts.

Disposition

affirmed