State v. Ruff

Citations

• 2017 Ohio 1430

Syllabus

SENTENCING: On appeal from a remand for resentencing on allied offenses, defendant's arguments relating to the trial court's failure to make the findings for consecutive sentences, consider the purposes and principles of sentencing in R.C. 2929.11 and 2929.12, and notify him pursuant to R.C. 2929.19(B)(2)(f) that he cannot ingest or be injected with a drug of abuse and that he is required to submit to random drug testing in prison are not barred by res judicata, because they arose out of his resentencing hearing. The trial court did not err in imposing consecutive sentences where the trial court made the requisite findings under R.C. 2929.14(C)(4) at the sentencing hearing and incorporated those findings into the judgment entries of conviction. The trial court was not required to state on the record that it had considered the R.C. 2929.11 and 2929.12 factors prior to imposing sentence, and the appellate court can presume from a silent record that the trial court considered the factors prior to imposing sentence unless the defendant affirmatively shows that the court failed to do so. The court's failure to inform the defendant that he cannot ingest or be injected with a drug of abuse while in prison and that he would be required to submit to random drug testing while incarcerated did not prejudice the defendant, because R.C. 2929.19(B)(2)(f) conferred no substantive rights upon the defendant, and therefore, the trial court's failure to comply with the statutory provision was harmless error. The cause must be remanded to the trial court for correction of the clerical errors in the judgment entries to reflect that the defendant had been found guilty by a jury and not the trial court.