State v. White

Citations

• 2023 Ohio 4391

Syllabus

RESENTENCING HEARING – CONSECUTIVE SENTENCES: The trial court did not err in failing to make the findings justifying consecutive sentences at a resentencing hearing when the appeals court had already held in a previous opinion that the findings made by the original trial judge were supported by the record, and the matter was remanded to the trial court for resentencing for four specific reasons, none of which involved the findings to justify consecutive sentences. Following the Ohio Supreme Court's granting of a motion for reconsideration in State v Gwynne, Slip Opinion No. 2022-Ohio-4607, an appellate court must defer to the trial court's findings justifying consecutive sentences unless the record clearly and convincingly does not support those findings, and it need not consider the aggregate sentence. See State v. Gwynne, Slip Opinion No. 2023-Ohio-3851.