A trial court must specify on the record the statutory bases justifying a sentence that exceeds the minimum or imposes the maximum term.
An offender convicted of a single offense and facing his first imprisonment was sentenced to the maximum term. The court must determine if the trial court complied with statutory requirements for departing from a mandatory minimum sentence and for imposing a maximum sentence. Under R.C. 2929.14(B), a court must specify on the record that the shortest term would demean the seriousness of the conduct or fail to protect the public to justify exceeding the minimum. Furthermore, to impose a maximum sentence for a single offense, the record must reflect that the offender satisfies specific criteria under R.C. 2929.14(C). Because the trial court failed to specify the statutory bases for its decision, the sentence is invalid.
86 Ohio St. 3d at 326 Defining the scope of statutory findings in sentencing hearings125 citing cases“r.c. 2929.14 (b) does not require that the trial court give its reasons for its finding that the seriousness of the offender's conduct will be demeaned or that the public will not be adequately protected from future crimes before it can lawfully impose more than the minimum authorized sentence.”
- State v. Overman, 2026-Ohio-1976.publishedCompliance with R.C. 2929.14(C)(4) requires the trial court to make the statutory findings at the sentencing hearing, which means that “‘the [trial] court must note that it engaged in the analysis’ and that it ‘has considered the statutory…
- State v. Akins, 2025-Ohio-5632.publishedCompliance with R.C. 2929.14(C)(4) only “requires the trial court to make these statutory findings at the sentencing hearing, where ‘the [trial] court must note that it engaged in the analysis and that it ‘has considered the statutory crit…
- State v. Riley, 2025-Ohio-3276.publishedMoreover, R.C. 2929.14(C)(4) and Crim.R. 32(A)(4) require the trial court to make statutory findings at the sentencing hearing prior to imposing consecutive sentences: “‘the [trial] court must note that it engaged in the analysis’ and that…
- State v. Jenkins, 2025-Ohio-2143.publishedR.C. 2953.08(G)(2) provides that when reviewing felony sentences, an appellate court may overturn the imposition of consecutive sentences where the court “clearly and convincingly” finds that (1) “the record does not support the sentencing…
- State v. Ray, 2025-Ohio-2023.published(Emphasis added). {¶73} Conformity with R.C. 2929.14 (C)(4) requires the trial court to make the statutory findings at the sentencing hearing, which means that “‘the [trial] court must note that it engaged in the analysis’ and that it ‘has…
- State v. McDew, 2025-Ohio-1270.published(Emphasis added). {¶16} Conformity with R.C. 2929.14 (C)(4) requires the trial court to make the statutory findings at the sentencing hearing, which means that “‘the [trial] court must note that it engaged in the analysis’ and that it ‘has…
- State v. McCann, 2025-Ohio-966.publishedMoreover, R.C. 2929.14(C)(4) and Crim.R. 32(A)(4) require the trial court to make statutory findings at the sentencing hearing prior to imposing consecutive sentences: “‘the [trial] court must note that it engaged in the analysis’ and that…
- State v. Foster, 2025-Ohio-836.publishedMoreover, R.C. 2929.14(C)(4) and Crim.R. 32(A)(4) require the trial court to make statutory findings at the sentencing hearing prior to imposing consecutive sentences: “‘the [trial] court must note that it engaged in the analysis’ and that…
- State v. Shaw, 2025-Ohio-301.publishedR.C. 2929.14(C)(4)(a)-(c). -31- {¶ 66} To impose consecutive sentences, “a trial court is required to make the findings mandated by R.C. 2929.14(C)(4) at the sentencing hearing and incorporate its findings into its sentencing entry, but it…
- State v. Mayfield, 2024-Ohio-5915.publishedMoreover, R.C. 2929.14(C)(4) and Crim.R. 32(A)(4) require the trial court to make statutory findings at the sentencing hearing prior to imposing consecutive sentences: “‘the [trial] court must note that it engaged in the analysis’ and that…
Show 114 more citing cases
- State v. Bailey, 2024-Ohio-5476.publishedState v. Bonnell, 2014-Ohio-3177 at ¶ 26 , quoting State v. Edmonson, 86 Ohio St.3d 324, 326 (1999).
- State v. McRae, 2024-Ohio-5401.publishedSee, also, State v. Bonnell, 2014-Ohio-3177, ¶ 28 ; State v. Jones, 2024-Ohio-1083, ¶ 13 . {¶21} Conformity with R.C. 2929.14(C)(4) requires the trial court to make the statutory findings at the sentencing hearing, which means that “‘the […
- State v. Hess, 2024-Ohio-2842.publishedSee, also, State v. Bonnell, 2014-Ohio-3177, ¶ 28 ; State v. Jones, 2024-Ohio-1083, ¶ 13 . {¶27} Conformity with R.C. 2929.14(C)(4) requires the trial court to make the statutory findings at the sentencing hearing, which means that “‘the […
- State v. Miller, 2024-Ohio-2605.publishedBonnell at ¶ 28, quoting R.C. 2953.08(G)(2)(a). {¶11} Conformity with R.C. 2929.14(C)(4) requires the trial court to make the statutory findings at the sentencing hearing, which means that “‘the [trial] court must note that it engaged in t…
- State v. Bates, 2024-Ohio-2587, 246 N.E.3d 1137.publishedTo “make” the requisite findings under the statute, “‘the [trial] court must note that it engaged in the analysis’ and that it ‘has considered the statutory criteria and specifie[d] which of the given bases warrants its decision.’” Id. at…
- State v. Sparks, 2024-Ohio-2362.publishedTo “make” the requisite findings under the statute, “‘the [trial] court must note that it engaged in the analysis’ and that it ‘has considered the statutory criteria and specifie[d] which of the given bases warrants its decision.’” Id. at…
- State v. Jones, 2024-Ohio-1083, 243 N.E.3d 50.publishedThe standard to be applied is the standard set forth in the statute: an appellate court has the authority to increase, reduce, otherwise modify, or vacate a sentence only after it has reviewed the entire trial-court record and “clearly and…
- State v. Gable, 2024-Ohio-293.publishedBonnell also suggests that "a finding in these circumstances means only that 'the [trial] court must note that it engaged in the analysis' and that it 'has considered the statutory criteria specifie[d] which of the given bases warrants its…
- State v. Milhoan, 2014-Ohio-310.publishedFor this reason, the sentencing judge could have satisfied her duty under R.C. 2929.12 with nothing more than a rote recitation that she had considered the applicable age factor of R.C. 2929.12(B)(1)." State v. Arnett, 88 Ohio St.3d 208, 2…
- State v. Marshall, 2013-Ohio-5092.published State v. Edmonson, 86 Ohio St.3d 324, 326 (1999).
- State v. Hardesty, Unpublished Decision (11-15-2005), 2005 Ohio 6331 (Ohio Ct. App. 4th Dist. 2005).unpublished R.C. 2929.14 (B) provides as follows: "[I]f the court imposing sentence upon an offender for a felony elects or is required to impose a prison term on the offender and if the offender previously has not served a prison term, the court shal…
- State v. Garza, Unpublished Decision (9-30-2005), 2005 Ohio 5255 (Ohio Ct. App. 6th Dist. 2005).unpublishedEdmonson , at 326; See R.C. 2929.14 (B).
- State v. Patterson, Unpublished Decision (4-28-2005), 2005 Ohio 2003 (Ohio Ct. App. 8th Dist. 2005).unpublishedRather, the statute indicates the trial court's comments made at the hearing should reflect that the court considered court considered that aspect of the statutory purpose in fashioning the appropriate sentence." State v. Crawford, Cuyahog…
- State v. Breeden, Unpublished Decision (2-10-2005), 2005 Ohio 510 (Ohio Ct. App. 8th Dist. 2005).unpublishedState v. Harris, Cuyahoga App. No. 83288, 2004-Ohio-2854 , citing State v. Edmonson, 86 Ohio St.3d 324 at 326-327, 1999-Ohio-110 , 715 N.E.2d 131 .
- State v. Austin, Unpublished Decision (10-28-2004), 2004 Ohio 5736 (Ohio Ct. App. 8th Dist. 2004).unpublishedState v. Harris, Cuyahoga App. No. 83288, 2004-Ohio-2854 , citing State v. Edmonson, 86 Ohio St.3d 324 at 326-327, 1999-Ohio-110 .
- State v. Crawford, Unpublished Decision (10-28-2004), 2004 Ohio 5737 (Ohio Ct. App. 8th Dist. 2004).unpublishedWe note, however, that the defense did not provide any information or data at sentencing, nor before this court on appeal, indicating that appellant's sentence is inconsistent with other sentences for similar crimes by similar offenders. {…
- State v. Thornton, Unpublished Decision (9-30-2004), 2004 Ohio 5225 (Ohio Ct. App. 8th Dist. 2004).unpublishedIII. {¶ 16} In his third assignment of error, appellant argues that "the trial court erred in imposing sentences which are inconsistent with similar sentences for similar offenders as required in R.C. 2929.11 (B)." We disagree. {¶ 17} "R.C…
- State v. Whitaker, Unpublished Decision (9-23-2004), 2004 Ohio 5016 (Ohio Ct. App. 8th Dist. 2004).unpublishedWe disagree. {¶ 23} In State v. Hunt, Cuyahoga App. No. 2003-Ohio-175 , this court held that "R.C. 2929.11 (B) does not require the trial court to engage in an analysis on the record to determine whether defendants who have committed simil…
- State v. Smith, Unpublished Decision (7-1-2004), 2004 Ohio 3479 (Ohio Ct. App. 8th Dist. 2004).unpublished R.C. 2929.14 (C). {¶ 111} With regard to defendant's additional contention that the trial court erred in failing to compare this case to other cases in order to determine whether the sentence imposed herein was proportionate to the sentenc…
- State v. Harris, Unpublished Decision (6-3-2004), 2004 Ohio 2854 (Ohio Ct. App. 8th Dist. 2004).unpublishedState v. Edmonson, 86 Ohio St.3d 324 at 326-327, 1999-Ohio-110 .
- State v. Mayes, Unpublished Decision (4-22-2004), 2004 Ohio 2014 (Ohio Ct. App. 8th Dist. 2004).unpublishedState v. Edmonson, 86 Ohio St.3d 324 at 326-327, 1999-Ohio-110 .
- State v. Coleman, Unpublished Decision (1-22-2004), 2004 Ohio 234 (Ohio Ct. App. 8th Dist. 2004).unpublishedL.R.Rev. 1. 10 State v. Ryan, at ¶ 9-12 (citations omitted). 11 State v. Edmonson (1999), 86 Ohio St.3d 324 at 326-327; State v. Hunt, Cuyahoga App. No. 81305, 2003-Ohio-175 at ¶ 26. 12 R.C. 2929.19 (B)(6). 13 State v. Stevens (Sept. 21, 1…
- State v. Ohio, Unpublished Decision (5-29-2003), No. 82231, Accelerated Docket (Ohio Ct. App. May 29, 2003).unpublishedState v. Edmonson (1999), 86 Ohio St.3d 324 at 326-327." State v. Hunt , Cuyahoga App. No. 81305, 2003-Ohio-175 . {¶ 17} We find that the trial court's comments made at the hearing reflect that the court considered the appropriate aspects…
- State v. Hunt, Unpublished Decision (1-16-2003), No. 81305 (Ohio Ct. App. Jan. 16, 2003).unpublishedState v. Edmonson, 86 Ohio St.3d 324 at 326-327, 1999-Ohio-110 .
- State v. Nelson, Unpublished Decision (12-6-2002), No. 2001-A-0076 (Ohio Ct. App. 11th Dist. Dec. 6, 2002).unpublishedThe Supreme Court of Ohio addressed the statutory requirements for imposing the maximum sentence in Edmonson and held that when imposing the maximum sentence, the trial court must comply with both R.C. 2929.14 (C) and R.C. 2929.19 (B). {¶…
- State v. Budenz, Unpublished Decision (10-24-2002), No. 80679 (Ohio Ct. App. 8th Dist. Oct. 24, 2002).unpublishedThe record clearly reflects that the trial court never acknowledged the presumption nor did it, at any time, "note that it engaged in the analysis and that it varied from the minimum for at least one of the two sanctioned reasons." Id. at…
- State v. Wyatt, Unpublished Decision (8-28-2002), No. 01CA672 (Ohio Ct. App. 4th Dist. Aug. 28, 2002).unpublished“give its reasons for its finding that the seriousness of the offender's conduct will be demeaned or that the public will not be adequately protected from future crimes before it can lawfully impose more than the minimum…”
- State v. Hudak, Unpublished Decision (7-18-2002), No. 80605 (Ohio Ct. App. 8th Dist. July 18, 2002).unpublishedThe record clearly reflects that the trial court never acknowledged the presumption nor did it, at any time, "note that it engaged in the analysis and that it varied from the minimum for at least one of the two sanctioned reasons." Id. at…
- State v. Conlon, Unpublished Decision (7-3-2002), No. 80411 (Ohio Ct. App. July 3, 2002).unpublishedSo, he has to get a prison sentence. {¶ 20} The foregoing demonstrates the trial court did not directly reference the required findings prior to deviating from the minimum terms; there is no indication at this point in the hearing the tria…
- State v. Riggs, Unpublished Decision (10-11-2000), No. C.A. No. 19846 (Ohio Ct. App. 9th Dist. Oct. 11, 2000).unpublished
- State v. Brice, Unpublished Decision (3-29-2000), No. 99 CA 21 (Ohio Ct. App. 4th Dist. Mar. 29, 2000).unpublished
- State v. Rose, Unpublished Decision (8-24-2000), No. 77455 (Ohio Ct. App. Aug. 24, 2000).unpublished
- State v. Barker, Unpublished Decision (9-13-2001), No. 78965 (Ohio Ct. App. Sept. 13, 2001).unpublished
- State v. Loring, Unpublished Decision (5-8-2000), No. 00AP-1045 (Ohio Ct. App. 10th Dist. May 8, 2000).unpublished
- State v. Carr, Unpublished Decision (1-31-2000), No. CA99-02-034 (Ohio Ct. App. 12th Dist. Jan. 31, 2000).unpublished
- State v. Huck, Unpublished Decision (12-7-2001), No. 01CA1 (Ohio Ct. App. 4th Dist. Dec. 7, 2001).unpublished
- State v. Kelly, Unpublished Decision (07-12-2001), No. 78422 (Ohio Ct. App. July 12, 2001).unpublished
- State v. Barnette, Unpublished Decision (12-28-2004), 2004 Ohio 7211 (Ohio Ct. App. 7th Dist. 2004).unpublished
- State v. Walls, Unpublished Decision (9-15-2000) (Ohio Ct. App. 6th Dist. 2000).unpublished
- State v. Hough, Unpublished Decision (11-23-1999), No. 99AP-238 (Ohio Ct. App. 10th Dist. Nov. 23, 1999).unpublished
- State v. Abbington, Unpublished Decision (8-8-2000), No. 99AP-1337 (REGULAR CALENDAR) (Ohio Ct. App. 10th Dist. Aug. 8, 2000).unpublished
- State v. Lyons, Unpublished Decision (7-3-2002), No. 80220 (Ohio Ct. App. 8th Dist. July 3, 2002).unpublished
- State v. Rivers, Unpublished Decision (12-4-2000), No. CA2000-03-002 (Ohio Ct. App. 12th Dist. Dec. 4, 2000).unpublished
- State v. Shinn, Unpublished Decision (6-14-2000), No. s. 99 CA 29, 99 CA 35 (Ohio Ct. App. 4th Dist. June 14, 2000).unpublished
- State v. Burbridge, Unpublished Decision (12-16-1999), No. 99AP-264 (Ohio Ct. App. 10th Dist. Dec. 16, 1999).unpublished
- State v. Barnhouse, Unpublished Decision (12-27-2001), No. 01CA38 (Ohio Ct. App. 4th Dist. Dec. 27, 2001).unpublished
- State v. Ford, Unpublished Decision (1-22-2002), No. CA2001-04-088 (Accelerated Calendar) (Ohio Ct. App. 12th Dist. Jan. 22, 2002).unpublished
- State v. Mahaffey, Unpublished Decision (1-7-2002), No. CA2001-03-039 (Accelerated Calendar) (Ohio Ct. App. 12th Dist. Jan. 7, 2002).unpublished
- State v. McDaniels, Unpublished Decision (3-8-2001), No. 77780 (Ohio Ct. App. Mar. 8, 2001).unpublished
- State v. Crowe, 2019-Ohio-5300.published
- State v. Barnes, Unpublished Decision (12-5-2003), 2003 Ohio 6674 (Ohio Ct. App. 11th Dist. 2003).unpublished
- State v. Culpepper, Unpublished Decision (5-9-2003) (Ohio Ct. App. 2d Dist. 2003).unpublished
- State v. Stull, Unpublished Decision (10-18-2002) (Ohio Ct. App. 2002).unpublished
- State v. Payne, Unpublished Decision (5-7-2003), No. C.A. No. 21346 (Ohio Ct. App. 9th Dist. May 7, 2003).unpublished
- State v. Elder, Unpublished Decision (2-28-2003) (Ohio Ct. App. 2003).unpublished
- State v. Irvin, Unpublished Decision (3-31-2004), 2004 Ohio 1627 (Ohio Ct. App. 10th Dist. 2004).unpublished
- State v. Butcher, Unpublished Decision (10-17-2003), No. 2002-A-0059 (Ohio Ct. App. 11th Dist. Oct. 17, 2003).unpublished
- State v. Asburay, Unpublished Decision (6-5-2002), No. C.A. No. 01CA0061 (Ohio Ct. App. 9th Dist. June 5, 2002).unpublished
- State v. Smith, 744 N.E.2d 201 (Ohio Ct. App. 8th Dist. 2000).published
- State v. Townsend, Unpublished Decision (4-12-2002) (Ohio Ct. App. 6th Dist. 2002).unpublished
- State v. Elersic, Unpublished Decision (6-7-2002), No. 2000-L-145 (Ohio Ct. App. 11th Dist. June 7, 2002).unpublished
- State v. Eberhard, Unpublished Decision (12-21-2000) (Ohio Ct. App. 10th Dist. 2000).unpublished
- State v. Ratcliffe, Unpublished Decision (8-16-2002), No. 2001-L-074 (Ohio Ct. App. 11th Dist. Aug. 16, 2002).unpublished
- State v. Bennett, Unpublished Decision (4-24-2002), No. C.A. No. 01CA0040 (Ohio Ct. App. 9th Dist. Apr. 24, 2002).unpublished
- State v. South, Unpublished Decision (6-23-2000), No. 98-P-0050 (Ohio Ct. App. 11th Dist. June 23, 2000).unpublished
- State v. Evans, Unpublished Decision (12-27-1999), No. 9-99-49 (Ohio Ct. App. 3d Dist. Dec. 27, 1999).unpublished
- State v. Ozeta, Unpublished Decision (1-5-2004), 2004 Ohio 329 (Ohio Ct. App. 4th Dist. 2004).unpublished
- State v. Lutz, Unpublished Decision (1-23-2003), No. 80241 (Ohio Ct. App. Jan. 23, 2003).unpublished
- State v. Clark, Unpublished Decision (1-3-2002), No. 79386 (Ohio Ct. App. 8th Dist. Jan. 3, 2002).unpublished
- State v. Aponte, Unpublished Decision (6-28-2002), No. 2001-L-097 (Ohio Ct. App. 11th Dist. June 28, 2002).unpublished
- State v. King, Unpublished Decision (11-14-2002), No. 80596 (Ohio Ct. App. 8th Dist. Nov. 14, 2002).unpublished
- State v. Brooks, Unpublished Decision (9-21-2005), 2005 Ohio 5058 (Ohio Ct. App. 7th Dist. 2005).unpublished
- State v. Nelson, Unpublished Decision (7-24-2003), No. 82356 (Ohio Ct. App. July 24, 2003).unpublished
- State v. Owens, Unpublished Decision (9-30-1999), No. 1-99-42 (Ohio Ct. App. 3d Dist. Sept. 30, 1999).unpublished
- State v. Ambrosio, Unpublished Decision (10-20-2004), 2004 Ohio 5552 (Ohio Ct. App. 9th Dist. 2004).unpublished
- State v. Carte, Unpublished Decision (7-5-2000), No. C. A. No. CR 98 12 3110 (Ohio Ct. App. 9th Dist. July 5, 2000).unpublished
- State v. Perez, Unpublished Decision (9-28-2001), No. 12-01-02 (Ohio Ct. App. 3d Dist. Sept. 28, 2001).unpublished
- State v. Simpson, Unpublished Decision (6-12-2002), No. 01 CO 13 (Ohio Ct. App. 7th Dist. June 12, 2002).unpublished
- State v. Gibson, Unpublished Decision (10-24-2003), 2003 Ohio 5695 (Ohio Ct. App. 11th Dist. 2003).unpublished
- State v. Watson, Unpublished Decision (2-16-2006), 2006 Ohio 696 (Ohio Ct. App. 8th Dist. 2006).unpublished
- State v. Cvijetinovic, Unpublished Decision (12-24-2003), 2003 Ohio 7071 (Ohio Ct. App. 8th Dist. 2003).unpublished
- State v. Sarver, Unpublished Decision (12-24-2003), 2003 Ohio 7096 (Ohio Ct. App. 2d Dist. 2003).unpublished
- State v. Caldwell, Unpublished Decision (12-19-2003), 2003 Ohio 6964 (Ohio Ct. App. 11th Dist. 2003).unpublished
- State v. Fitzpatrick, Unpublished Decision (12-1-2000), No. 99-L-164 (Ohio Ct. App. 11th Dist. Dec. 1, 2000).unpublished
- State v. Clifford, Unpublished Decision (2-28-2003) (Ohio Ct. App. 2d Dist. 2003).unpublished
- State v. Harayda, Unpublished Decision (12-5-2002), No. 81087 (Ohio Ct. App. Dec. 5, 2002).unpublished
- State v. Fadis, Unpublished Decision (3-26-2002), No. 01AP-865 (REGULAR CALENDAR) (Ohio Ct. App. Mar. 26, 2002).unpublished
- State v. Kartashov, Unpublished Decision (7-20-2001), No. 2000-A-0039 (Ohio Ct. App. 11th Dist. July 20, 2001).unpublished
- State v. Carte, Unpublished Decision (7-5-2000), No. C.A. NO. 19659 (Ohio Ct. App. 9th Dist. July 5, 2000).unpublished
- State v. Drake, Unpublished Decision (12-28-1999), No. 99AP-394 (Ohio Ct. App. 10th Dist. Dec. 28, 1999).unpublished
- State v. Conte, Unpublished Decision (12-14-2001), No. 2000-L-105 (Ohio Ct. App. 11th Dist. Dec. 14, 2001).unpublished
- State v. Inghram, 744 N.E.2d 1233 (Ohio Ct. App. 8th Dist. 2000).published
- State v. Hairston, Unpublished Decision (9-30-2004), 2004 Ohio 5203 (Ohio Ct. App. 8th Dist. 2004).unpublished
- State v. Bolling, Unpublished Decision (5-28-2004), 2004 Ohio 2785 (Ohio Ct. App. 11th Dist. 2004).unpublished
- State v. Fernandez, Unpublished Decision (12-20-2002), No. 2001-L-162 (Ohio Ct. App. 11th Dist. Dec. 20, 2002).unpublished
- State v. Felber, Unpublished Decision (2-5-2003), No. C.A. No. 02CA0010-M (Ohio Ct. App. 9th Dist. Feb. 5, 2003).unpublished
- State v. Dubose, Unpublished Decision (7-28-2005), 2005 Ohio 3844 (Ohio Ct. App. 2005).unpublished
- State v. Alfano, Unpublished Decision (1-22-2003), No. C.A. No. 02CA0063-M (Ohio Ct. App. 9th Dist. Jan. 22, 2003).unpublished
- State v. Martin, Unpublished Decision (11-10-2005), 2005 Ohio 5970 (Ohio Ct. App. 8th Dist. 2005).unpublished
- State v. Buchanan, Unpublished Decision (4-11-2001), No. C.A. No. 00CA0062 (Ohio Ct. App. 9th Dist. Apr. 11, 2001).unpublished
- State v. Thacker, Unpublished Decision (6-30-2004), 2004 Ohio 3828 (Ohio Ct. App. 10th Dist. 2004).unpublished
- State v. Welsh, Unpublished Decision (12-19-2002), No. 81028 (Ohio Ct. App. Dec. 19, 2002).unpublished
- State v. Hill, Unpublished Decision (10-7-2002), No. 2001CA00383 (Ohio Ct. App. 5th Dist. Oct. 7, 2002).unpublished
- State v. Gonzalez, Unpublished Decision (8-4-2005), 2005 Ohio 4012 (Ohio Ct. App. 8th Dist. 2005).unpublished
- State v. Eichner, Unpublished Decision (10-8-1999), No. Court of Appeals No. L-98-1370 (Ohio Ct. App. 6th Dist. Oct. 8, 1999).unpublished
- State v. Snyder, Unpublished Decision (7-19-2002), No. 02CA2 (Ohio Ct. App. 4th Dist. July 19, 2002).unpublished
- State v. Frazier, Unpublished Decision (12-20-2002), No. s. 2001-L-052 and 2002-L-003 (Ohio Ct. App. 11th Dist. Dec. 20, 2002).unpublished
- State v. Jaryga, Unpublished Decision (12-28-2001), No. 99-L-179 (Ohio Ct. App. 11th Dist. Dec. 28, 2001).unpublished
- State v. Chu, Unpublished Decision (2-6-2003), No. s. 75583 75689 (Ohio Ct. App. Feb. 6, 2003).unpublished
- State v. Salemi, Unpublished Decision (12-19-2002), No. 81091 (Ohio Ct. App. Dec. 19, 2002).unpublished
- State v. Young, Unpublished Decision (6-24-2003), No. 02CA755 (Ohio Ct. App. 4th Dist. June 24, 2003).unpublished
- State v. Scales, Unpublished Decision (1-16-2004), 2004 Ohio 175 (Ohio Ct. App. 2d Dist. 2004).unpublished
- State v. Iacona, 752 N.E.2d 937 (Ohio 2001).published
- State v. Iacona, 93 Ohio St. 3d 83 (Ohio 2001).published
86 Ohio St. 3d at 329 Failing to specify statutory findings for maximum sentence33 citing cases“the record must reflect that the trial court imposed the maximum sentence based on the offender satisfying one of the listed criteria in r.c. 2929.14 (c).”
- State v. Phillipp, Unpublished Decision (5-2-2003), No. 2001-L-233 (Ohio Ct. App. 11th Dist. May 2, 2003).unpublished(a court is obligated to satisfy only one of the listed criteria in R.C. 2929.14 (C))
- State v. Nelson, Unpublished Decision (12-6-2002), No. 2001-A-0076 (Ohio Ct. App. 11th Dist. Dec. 6, 2002).unpublishedThe Supreme Court of Ohio addressed the statutory requirements for imposing the maximum sentence in Edmonson and held that when imposing the maximum sentence, the trial court must comply with both R.C. 2929.14 (C) and R.C. 2929.19 (B). {¶…
- State v. Riggs, Unpublished Decision (10-11-2000), No. C.A. No. 19846 (Ohio Ct. App. 9th Dist. Oct. 11, 2000).unpublished
- State v. Abbington, Unpublished Decision (8-8-2000), No. 99AP-1337 (REGULAR CALENDAR) (Ohio Ct. App. 10th Dist. Aug. 8, 2000).unpublished
- State v. Shinn, Unpublished Decision (6-14-2000), No. s. 99 CA 29, 99 CA 35 (Ohio Ct. App. 4th Dist. June 14, 2000).unpublished
- State v. Belfon, Unpublished Decision (7-13-2000), No. s. 99AP-663, 99AP-665 (Ohio Ct. App. 10th Dist. July 13, 2000).unpublished
- State v. Palmer, Unpublished Decision (11-19-2001), No. 99 CA 6 (Ohio Ct. App. 7th Dist. Nov. 19, 2001).unpublished
- State v. Higgenbotham, Unpublished Decision (3-21-2000), No. 97 BA 70 (Ohio Ct. App. 7th Dist. Mar. 21, 2000).unpublished
- State v. Hurst, Unpublished Decision (3-7-2000), No. 98AP-1549 (Ohio Ct. App. 10th Dist. Mar. 7, 2000).unpublished
- State v. Corradetti, Unpublished Decision (11-29-2002), No. 2001-L-092 (Ohio Ct. App. 11th Dist. Nov. 29, 2002).unpublished
Show 23 more citing cases
- State v. Owens, Unpublished Decision (9-30-1999), No. 1-99-42 (Ohio Ct. App. 3d Dist. Sept. 30, 1999).unpublished
- State v. Hendking, Unpublished Decision (2-3-2000), No. 75179, 75180 (Ohio Ct. App. Feb. 3, 2000).unpublished
- State v. Griggs, Unpublished Decision (5-9-2003), No. 2001-T-0064 (Ohio Ct. App. 11th Dist. May 9, 2003).unpublished
- State v. Neighbor, Unpublished Decision (3-4-2005), 2005 Ohio 924 (Ohio Ct. App. 6th Dist. 2005).unpublished
- State v. Dwertman, Unpublished Decision (3-17-2005), 2005 Ohio 1159 (Ohio Ct. App. 10th Dist. 2005).unpublished
- State v. Hill, Unpublished Decision (9-26-2000), No. 99AP-1342 (Ohio Ct. App. 10th Dist. Sept. 26, 2000).unpublished
- State v. Fisher, Unpublished Decision (6-30-2003), No. 2002-L-020 (Ohio Ct. App. 11th Dist. June 30, 2003).unpublished
- State v. Parsons, Unpublished Decision (12-23-2004), 2004 Ohio 7237 (Ohio Ct. App. 11th Dist. 2004).unpublished
- State v. Jackson, Unpublished Decision (2-5-2002), No. 01AP-775 (REGULAR CALENDAR) (Ohio Ct. App. 10th Dist. Feb. 5, 2002).unpublished
- State v. Good, Unpublished Decision (12-5-2000), No. 00AP-409 (REGULAR CALENDAR) (Ohio Ct. App. 10th Dist. Dec. 5, 2000).unpublished
- State v. Ross, Unpublished Decision (5-7-2004), 2004 Ohio 2304 (Ohio Ct. App. 11th Dist. 2004).unpublished
- State v. Lenigar, Unpublished Decision (10-16-2003), 2003 Ohio 353 (Ohio Ct. App. 8th Dist. 2003).unpublished
- State v. Reid, Unpublished Decision (9-26-2001), No. C.A. No. 20075 (Ohio Ct. App. 9th Dist. Sept. 26, 2001).unpublished
- State v. Miller, Unpublished Decision (11-26-2004), 2004 Ohio 6342 (Ohio Ct. App. 11th Dist. 2004).unpublished
- State v. Thomas, Unpublished Decision (6-15-2000), No. 76382 (Ohio Ct. App. June 15, 2000).unpublished
- State v. Love, Unpublished Decision (12-21-2004), 2004 Ohio 7062 (Ohio Ct. App. 7th Dist. 2004).unpublished
- State v. Cosolis, Unpublished Decision (8-15-2002), No. 01AP-1070 (Regular Calendar) (Ohio Ct. App. 10th Dist. Aug. 15, 2002).unpublished
- State v. Garlinger, Unpublished Decision (1-31-2002), No. 01AP-744 (REGULAR CALENDAR) (Ohio Ct. App. 10th Dist. Jan. 31, 2002).unpublished
- State v. Sealey, Unpublished Decision (12-5-2003), 2003 Ohio 6697 (Ohio Ct. App. 11th Dist. 2003).unpublished
- State v. Lee, Unpublished Decision (12-18-2001), No. 01AP-16 (REGULAR CALENDAR) (Ohio Ct. App. 10th Dist. Dec. 18, 2001).unpublished
- State v. Murphy, Unpublished Decision (2-4-2005), 2005 Ohio 412 (Ohio Ct. App. 11th Dist. 2005).unpublished
- State v. Holmes, Unpublished Decision (01-30-2002), No. C.A. No. 01CA007805 (Ohio Ct. App. 9th Dist. Jan. 30, 2002).unpublished
- State v. Morrison, Unpublished Decision (12-31-2001), No. 01AP-714 (REGULAR CALENDAR) (Ohio Ct. App. 10th Dist. Dec. 31, 2001).unpublished
86 Ohio St. 3d at 328 Reviewing statutory requirements for sentencing deviations17 citing casesholding that "recidivism is likely" is an insufficient finding
- State v. York, 2021-Ohio-1591.publishedState v. Edmonson, 86 Ohio St.3d 324, 328, 326 , 1999-Ohio- 110, 715 N.E.2d 131 .
- State v. Thompson, Unpublished Decision (6-10-2004), 2004 Ohio 2969 (Ohio Ct. App. 8th Dist. 2004).unpublished“make a finding that gives its reasons for selecting the sentence imposed[.]”
- State v. Ludwick, Unpublished Decision (2-13-2004), 2004 Ohio 1152 (Ohio Ct. App. 11th Dist. 2004).unpublishedNo. 16582, 1994 WL 721859 . 20 Lafave and Scott, Criminal Law (2nd Ed. 1986) 570, Section 6.6(a). 21 Id. 22 State v. Alston , at *4 , quoting State v. Stevens , at *14 . 23 See State v. Alston and State v. Stevens , supra. 24 State v. Alst…
- State v. Jones, Unpublished Decision (1-31-2003), No. 2001-L-176 (Ohio Ct. App. 11th Dist. Jan. 31, 2003).unpublishedNo. 2000-L-166, 2002-Ohio-1468 , 2002 Ohio App. LEXIS 1496 , at *5, quoting State v. Edmondson (1999), 86 Ohio St.3d 324 , 329 . 6 Perry , at *5-6, quoting Edmondson , at 328.
- State v. McCarthy, Unpublished Decision (9-26-2002), No. 01 BA 33 (Ohio Ct. App. 7th Dist. Sept. 26, 2002).unpublished(holding that "recidivism is likely" is an insufficient finding)
- State v. Dillon, Unpublished Decision (9-13-2002), No. 01CA54 (Ohio Ct. App. 4th Dist. Sept. 13, 2002).unpublished R.C. 2929.19 (B)(2)(d) requires a trial court to " make a finding that gives its reasons for selecting the sentence imposed" if the sentence is for the maximum term, and requires a trial court to set forth its "reasons for imposing the max…
- State v. Shinn, Unpublished Decision (6-14-2000), No. s. 99 CA 29, 99 CA 35 (Ohio Ct. App. 4th Dist. June 14, 2000).unpublished
- State v. Lenigar, 03ap-53 (6-26-2007), 2003 Ohio 5493 (Ohio Ct. App. 10th Dist. 2007).published
- State v. Bybee, Unpublished Decision (8-30-2000), No. C.A. No. 19758 (Ohio Ct. App. 9th Dist. Aug. 30, 2000).unpublished
- State v. Lane, Unpublished Decision (2-11-2002), No. CA99-02-046 (Ohio Ct. App. 12th Dist. Feb. 11, 2002).unpublished
Show 6 more citing cases
- State v. Steele, Unpublished Decision (6-28-2001), No. 00AP-499, 2001 WL 721806 (Ohio Ct. App. 10th Dist. June 28, 2001).unpublished
- State v. Brown, Unpublished Decision (11-30-1999), No. 98AP-1581 (Ohio Ct. App. 10th Dist. Nov. 30, 1999).unpublished
- State v. Agner, Unpublished Decision (8-3-2000), No. 1-2000-04 (Ohio Ct. App. 3d Dist. Aug. 3, 2000).unpublished
- State v. Harrison, Unpublished Decision (3-9-2000), No. 75828 (Ohio Ct. App. 8th Dist. Mar. 9, 2000).unpublished
- State v. Walk, Unpublished Decision (12-29-2000) (Ohio Ct. App. 6th Dist. 2000).unpublished
- State v. Eden, Unpublished Decision (11-17-1999), No. C.A. No. 97CA006991. Case No. 97CR050115 (Ohio Ct. App. 9th Dist. Nov. 17, 1999).unpublished
86 Ohio St. 3d at 327 Statutory requirements for sentencing findings and appellate review4 citing cases“a trial court sentencing an offender to his first imprisonment must specify on the record that one or both reasons allowed by r.c. 2929.14 (b) justify a sentence longer than the minimum.”
- State v. Helms, Unpublished Decision (8-25-2000) (Ohio Ct. App. 6th Dist. 2000).unpublished
- State v. Leaks, Unpublished Decision (6-18-2001), No. 99 CA 68 (Ohio Ct. App. June 18, 2001).unpublished
- State v. Evans, Unpublished Decision (3-10-2000) (Ohio Ct. App. 6th Dist. 2000).unpublished
- State v. Eichner, Unpublished Decision (10-8-1999), No. Court of Appeals No. L-98-1370 (Ohio Ct. App. 6th Dist. Oct. 8, 1999).unpublished
715 N.E.2d at 133 cited at this page2 citing cases
- Thompson v. Warden, Belmont Corr. Inst., 598 F.3d 281 (6th Cir. 2010).publishedAlthough judge-made factual findings that simply increase a statutory minimum sentence would not normally violate Blakely, see Arias v. Hudson, 589 F.3d 315, 317 (6th Cir.2009), then-applicable Ohio law declared that the statutory minimum…
- Mark Thompson, Jr. v. Warden, Belmont Corr. Inst., No. 08-3743/3744 (6th Cir. Mar. 18, 2010).publishedAlthough judge-made factual findings that simply increase a statutory minimum sentence would not normally violate Blakely, Nos. 08-3743/3744 Thompson v. Warden, Belmont Page 7 Correctional Institution see Arias v. Hudson, 589 F.3d 315, 317…
715 N.E.2d at 135 explaining that a trial court must support its findings with reasons before imposing a sentence that departs from the minimum2 citing cases
- Minor v. Wilson, 213 F. App'x 450 (6th Cir. 2007).unpublished State v. Edmonson, 86 Ohio St.3d 324 , 715 N.E.2d 131, 135 (1999).
- State v. Saunders, 740 N.E.2d 1121 (Ohio Ct. App. 10th Dist. 2000).published
Other citing cases
- Graber v. Bobby, No. 4:04-cv-01314 (N.D. Ohio Apr. 28, 2022).
v.
Edmonson
Based on the recent changes to the sentencing law in Ohio, minimum sentences are favored for first-time imprisonment and maximum sentences are disfavored generally. For instance, R.C. 2929.14(B) requires a trial court to impose a minimum sentence for first-time imprisonment unless it specifies on the record that the shortest prison term will demean the seriousness of the conduct or will not adequately protect the public from future crime by the offender. And R.C. 2929.14(C) and 2929.19(B)(2)(d) prevent a court from imposing a maximum sentence for a single offense unless the court records findings that give its reasons for selecting the maximum. Edmonson’s sentencing raises both of these issues because Edmonson was convicted of a single offense, was faced with imprisonment for the first time, and was sentenced to the maximum term of imprisonment.
I
A
R.C. 2929.14(B)
R.C. 2929.14(B) reads as follows:
[*326] “[I]f the court imposing a sentence upon an offender for a felony elects or is required to impose a prison term on the offender and if the offender previously has not served a prison term, the court shall impose the shortest prison term authorized for the offense pursuant to division (A) of this section, unless the court finds on the record that the shortest prison term will demean the seriousness of the offender’s conduct or will not adequately protect the public from future crime by the offender or others.”
The appellate districts in this state currently hold differing opinions about what information a trial court must include in a sentencing hearing record when imposing a sentence that is longer than the minimum upon an offender expected to receive the minimum sentence according to the presumption in R.C. 2929.14(B). The appellate debate in this state centers on the scope of the statutory phrase “finds on the record.”
We construe this statute to mean that unless a court imposes the shortest term authorized on a felony offender who has never served a prison term, the record of the sentencing hearing must reflect that the court found that either or both of the two statutorily sanctioned reasons for exceeding the minimum term warranted the longer sentence.
R.C. 2929.14(B) does not require that the trial court give its reasons for its finding that the seriousness of the offender’s conduct will be demeaned or that the public will not be adequately protected from future crimes before it can lawfully impose more than the minimum authorized sentence. By contrasting this statute with other related sentencing statutes, we deduce that the verb “finds” as used in this statute means that the court must note that it engaged in the analysis and that it varied from the minimum for at least one of the two sanctioned reasons. With other sentencing statutes, the General Assembly explicitly demands that courts give reasons. R.C. 2929.19(B)(2) requires a trial court to “make a finding that gives its reasons for selecting the sentence imposed.” (Emphasis added.) In R.C. 2929.19(B)(2)(b), the General Assembly requires a court to provide a finding and an explanation by stating that the court shall set forth “the basis of the findings it made.” We discern from the difference in the language of these sections within the same chapter and on the same subject — sentencing—that had the General Assembly intended the R.C. 2929.14(B) finding to include reasons, it would have explicitly expressed that intent as it did in R.C. 2929.19(B)(2).
Our deduction is buttressed by other language in the sentencing statutes. The phraseology in R.C. 2953.08(A)(2), for example, supports the view that the statutory purpose is fulfilled when a court notes that it has considered the statutory criteria and specifies which of the given bases warrants its decision to vary from the preferred minimum sentence. It reads that a defendant may[*327] appeal as a matter of right 'if “the court did not specify at sentencing that it found one or more factors.” (Emphasis added.) And likewise, the text of R.C. 2953.08(G)(1)(b) ratifies the view that in enacting the new sentencing laws, the General Assembly only sought to confirm that courts considered the statutory requirements by stating that a defendant may obtain certain relief if “the court did not specify in the finding it makes at sentencing that it found one or more of the factors specified.” (Emphasis added.) The structure of the various sentencing statutes suggests that the General Assembly approached felony sentencing by mandating a record reflecting that judges considered certain factors and presumptions to confirm that the court’s decision-making process included all of the statutorily required sentencing considerations.
Edmonson contends that construing the statute to require findings without also requiring the court to articulate its reasoning will hamper appellate review, and that the appellate courts will be unnecessarily forced to review the entire record. But because R.C. 2953.08(F) explicitly obligates the appellate courts to review the record, we discount this argument.
B
Having determined that a trial court sentencing an offender to his first imprisonment must specify on the record that one or both reasons allowed by R.C. 2929.14(B) justify a sentence longer than the minimum, we next assess whether the trial court did so in this case. The record shows that prior to imposing the maximum sentence, the court noted the following:
“I read the record that [sic ] you have had problems, been locked down in a lock-down facility on two different occasions.1[1] 1
“I find you to be a very dangerous offender and you to commit a crime again [sic ]. This was a terrible incident with a person who has [sic ] a gun, robbing people.
“Therefore, it is the sentence of this Court, that you be confined * * * [for] the sentence of ten years.”
In the judgment entry, the trial court stated:
“The Court has considered the record, oral statements, any victim impact statement and presentence report prepared, as well as the principles and purposes of sentencing under Ohio Revised Code Section 2929.11, and has balanced the seriousness and recidivism factors under Ohio Revised Code Section 2929.12.
[*328] << * * *
“The Court further finds that [Edmonson] is a dangerous offender, that recidivism is likely, and that a gun was used during this incident.”
Although one or more of the remarks by the trial court might be argued to support a finding that the three-year minimum sentence would demean the seriousness of Edmonson’s conduct or that the public would not be adequately protected from his future crime, the trial court did not specify either of these reasons listed in R.C. 2929.14(B) as supporting its deviation from the minimum sentence of three years. With this record, there is no confirmation that the court first considered imposing the minimum three-year sentence and then decided to depart from the statutorily mandated minimum based on one or both of the permitted reasons. Accordingly, we agree with the judgment of the court of appeals vacating the trial court’s sentence and remanding this cause to the trial court for resentencing.
II
A
R.C. 2929.14(C) and 2929.19(B)(2)(d)
In Part I of this opinion, we considered the challenge to the sentencing decision that denied Edmonson the statutorily mandated minimum sentence without the record finding necessary to impose a longer one. In Part II, we consider Edmonson’s claim on appeal that the sentencing decision also fails to meet the statutory requirements for imposing a maximum sentence.
The statutes to be construed are R.C. 2929.14(C) and 2929.19(B)(2)(d). The first establishes the public policy disfavoring maximum sentences except for the most deserving offenders and reads as follows:
“[T]he court imposing a sentence upon an offender for a felony may impose the longest prison term authorized for the offense * * * only upon offenders who committed the worst forms of the offense, upon offenders who pose the greatest likelihood of committing future crimes, upon certain major drug offenders * * *, and upon certain repeat violent offenders * * (Emphasis added.) R.C. 2929.14(C).
The other statute at issue, R.C. 2929.19(B)(2)(d), sets the procedure that a trial court must follow when imposing the maximum sentence on an offender for a single offense. As applicable to Edmonson, R.C. 2929.19(B)(2)(d) requires a trial court to “make a finding that gives its reasons for selecting the sentence imposed ” if the sentence is for one offense and is the maximum term allowed for that offense, and requires a trial court to set forth its “reasons for imposing the maximum prison term.” (Emphasis added.)
[*329] B
Considering, then, whether the record in Edmonson’s case fulfills the statutory requirements outlined in Part II, subpart A above, we hold that it does not. As recounted above, the Edmonson sentencing fails to record a finding that Edmonson fits within one of the categories of offenders in R.C. 2929.14(C). Obviously, without the finding itself, the court also fails to provide the necessary “finding that gives its reasons.” R.C. 2929.19(B)(2)(d). With this record, we cannot confirm that the trial court heeded the enacted policy of the General Assembly meant for curtailing the imposition of maximum terms. In order to lawfully impose the maximum term for a single offense, the record must reflect that the trial court imposed the maximum sentence based on the offender satisfying one of the listed criteria in R.C. 2929.14(C).
We agree with the court of appeals that this cause should be remanded for resentencing.
Judgment affirmed.
Moyer, C.J., Douglas, F.E. Sweeney, Pfeifer and Lundberg Stratton, JJ., concur. Resnick, J., concurs in judgment only.The lock-down facility was a jail, not a prison. See R.C. 2929.01(CC) (defining “prison”); R.C. 2929.01(V) (defining “jail”).