Summary
The Twelfth District Court of Appeals of Ohio affirmed Noah Jones's aggregate 18-year sentence after he pleaded guilty to two counts of felonious assault and accompanying firearm specifications. The court held that the trial court made the findings required for consecutive sentences under Ohio Revised Code section 2929.14(C)(4), and that those findings were supported by the record, including the shooting of two children and Jones's criminal history.
Holdings
- A trial court may consider the defendant's conduct associated with the offenses, including conduct underlying a charge dismissed as part of plea negotiations, when determining whether consecutive-sentence findings are warranted.
- The consecutive sentences were not contrary to law because the trial court made the findings required by Ohio Revised Code section 2929.14(C)(4) at the sentencing hearing and incorporated them into the sentencing entry.
- The sentence was neither contrary to law nor unsupported by the record.
Questions Presented
- Whether the trial court lawfully imposed consecutive sentences based in part on conduct underlying a dismissed charge.
- Whether the trial court's findings supporting consecutive sentences under Ohio Revised Code section 2929.14(C)(4) were supported by the record.
- Whether the sentence was contrary to law under Ohio Revised Code section 2953.08(G)(2).
Disposition
affirmed
Cases Cited (5)
- State v. Marcum, 146 Ohio St. 3d 516, 2016-Ohio-1002, ¶¶ 1, 7(followed)
- State v. Ahlers, 12th Dist. Butler No. CA2015-06-100, 2016-Ohio-2890, ¶ 8(followed)
- State v. Marshall, 12th Dist. Warren No. CA2013-05-042, 2013-Ohio-5092, ¶ 8(followed)
- State v. Smith, 12th Dist. Clermont No. CA2014-07-054, 2015-Ohio-1093, ¶¶ 7-8(followed)
- State v. Bonnell, 140 Ohio St. 3d 209, 2014-Ohio-3177, ¶ 37(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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