State v. Harris

Citations

• 2022 Ohio 1396

Syllabus

R.C. 2929.41 multiple sentences presumption concurrent sentences consecutive sentences ambiguity in pronounced sentence. Under R.C. 2929.41(A), the presumption in Ohio is that sentences are to run concurrently, unless where the trial court makes the R.C. 2929.14(C)(4) findings for consecutive sentences. In this matter, at the heart of appellant's challenge to the imposed sentence is the notion that the trial court should have made specific findings relative to Counts 4 and 10. As framed, appellant asserts he is unable to discern whether he is to serve 10 years or 12 and a half years. However, pursuant to R.C. 2929.41(A), defendant's sentences are presumed to run concurrently as a matter of law if the trial court's sentencing entry is silent as to whether the sentences are to be served consecutively or concurrently. Further, any sentencing ambiguities are resolved in favor of the defendant. Accordingly, we overrule appellant's sole assignment of error.