State v. Mitchell

Citations

• 2023 Ohio 1034

Syllabus

Felony convictions prison sentence nunc pro tunc entry consecutive sentence protection order violation of a protection order community-control supervision probation presentence investigation (\PSI\), sentencing appellate review clear-and-convincing standard de novo review R.C. 2929.14 2929.11, 2929.12 and 2953.08 consecutive sentences public protection criminal history multiple offenses courses of conduct harm caused evidentiary support sentencing entry aggregate prison sentence mitigating circumstances statutory range purposes and principles of sentencing recidivism seriousness factors community control. Judgment affirmed and remanded. R.C. 2953.08(G)(2) prescribes when a reviewing court may alter a felony sentence. A sentence is not contrary to law when it fell within the statutory range for the degree of felony and where the trial court considered the principles and purposes of sentencing pursuant to R.C. 2929.11 and 2929.12. A trial court's statement in its sentencing journal entry that it considered the required statutory factors is enough to fulfill a sentencing court's obligations under R.C. 2929.11 and 2929.12. A consecutive sentence will remain undisturbed by a reviewing court when the trial court makes the requisite findings under R.C. 2929.14(C)(4) and the record does not fail to clearly and convincingly support those findings.