State v. Bolden

Citations

• 2025 Ohio 2010

Syllabus

Sentencing; aggravated robbery; weapons while under disability; failure to comply; R.C. 2921.331(D); plea agreement; community control; mandatory prison term; consecutive sentences; R.C. 2911.01(A)(1); R.C. 2921.331(B); R.C. 2921.331(C)(5)(b); R.C. 2923.13(A)(2); R.C. 2929.11; R.C. 2929.12; R.C. 2929.13; R.C. 2929.14(C)(3); R.C. 2953.08(G)(2); R.C. 2941.141(A); R.C. 2941.145(A); Reagan Tokes; restitution; nunc pro tunc; sentencing entry error; Crim.R. 11(C); Crim.R. 36; App.R. 16(A)(4). Judgment reversed and remanded. The trial court erroneously concluded that it was required to impose a prison term for failure to comply under R.C. 2921.331(D) simply because it imposed prison terms on other counts. R.C. 2921.331(D) mandates consecutive service if a prison term is imposed for a violation of R.C. 2921.331(B), but not that a prison term must be imposed. This error, along with ambiguity regarding whether the court believed it was required to impose prison for the offense of aggravated robbery based on the accompanying firearm specification, necessitates a full resentencing. Because the sentences were interdependent, the trial court must resentence on all counts. In addition, the written sentencing entry did not accurately reflect the trial court's oral pronouncements, particularly as to the length and concurrency of terms on several counts and improperly included a restitution order that had not been announced during the sentencing hearing. While the restitution amount was consistent with the plea agreement, it must be imposed in the defendant's presence.