State v. Ward

Citations

• 2018 Ohio 1230

Syllabus

Defendant, who was 19 years old, pled guilty to two counts of burglary, in violation of R.C. 2911.12(A)(3), both third-degree felonies, and was sentenced to 30 months in prison on each count, to be served consecutively. The trial court did not err in imposing prison terms instead of community control and in ordering the sentences to be served consecutively trial court properly considered the defendant's extensive juvenile record in determining that a prison term was appropriate and that defendant's \history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender.\ In addition, trial court's finding that the harm caused by defendant's two offenses was so great or unusual that no single prison term for any of the offenses adequately reflected the seriousness of the offender's conduct was not clearly and convincingly unsupported by the record. Based on the record, the trial court could have reasonably found that defendant had the ability to pay restitution. The parties agree that the trial court erred in ordering defendant to pay court-appointed counsel fees without notifying the defendant of that requirement at sentencing. Trial court's order requiring defendant to pay court-appointed counsel fees is vacated. In all other respects, the trial court's judgment is affirmed.