State v. Diggs

Citations

• 2024 Ohio 3112

Syllabus

Consecutive sentences findings R.C. 2929.14(c) R.C. 2953.08(g) clear and convincing. Defendant was convicted of two felony assault charges and one count of felony vandalism. The trial court imposed a prison sentence for each count and ordered the sentences to run consecutively. The trial court made the required findings pursuant to R.C. 2929.14(C) where it found that consecutive sentences were necessary to protect the public from future crime and punish the defendant, consecutive sentences were not disproportionate to the seriousness of defendant's conduct, that consecutive sentences were not disproportionate to the danger defendant posed to the public, and that defendant's history of criminal conduct demonstrated consecutive sentences were necessary to protect the public from future crime. The appellate court could not say the record clearly and convincingly does not support the imposition of consecutive sentences where defendant caused serious injury to one victim, had 13 prior cases of violence, and had a history of violating probation.