State v. Moss

Citations

• 2022 Ohio 1771

Syllabus

SENTENCING — STATUTORY INTERPRETATION — R.C. 2929.41(A) — COUNSEL — INEFFECTIVE ASSISTANCE: The trial court did not exceed its sentencing authority set forth in R.C. 2929.41(A), which requires a sentencing court to impose concurrent sentences of incarceration for felony and misdemeanor convictions absent a specified exception, because two sentences of incarceration cannot be served concurrently if they do not overlap. Defendant's claim that he was denied his constitutional right to the effective assistance of counsel required a showing of deficient performance and prejudice, a burden defendant failed to meet where his claim of prejudice—that he would not have to serve any incarceration for misdemeanor convictions when he had completed his sentence for a related felony conviction if counsel had acted with more diligence—was based on evidence outside the record, was not supported by the information in the record, and the \additional time\ must be served regardless of any alleged deficiency by trial counsel due to a concurrent traffic-case sentence. Defendant failed to demonstrate that the trial court abused its discretion when sentencing him to 60 days in jail for each of six misdemeanor convictions, to be served concurrently, where defendant's sentences fell within the range authorized for the offenses and nothing in the record demonstrates that when fashioning his sentences the court failed to consider the purposes and principles of misdemeanor sentencing or anything presented at the time of sentencing.