Appeal from Shelby County Common Pleas Court Trial Court No. 11CR000039
Jason R. Farley for Appellant
Christopher Wagner and Melinda Kowalski for Appellee
(¶1} Defendant-appellant, Vance A. Short ("Short"), appeals the March 20, 2012 judgment of the Shelby County Court of Common Pleas sentencing him to serve 15 years in prison for his conviction on one count of conspiracy to murder and on one count of complicity to commit aggravated burglary.
(¶2} On January 27, 2011, the Shelby County Grand Jury returned a two-count indictment charging Short with one count of aggravated murder, in violation of R.C. 2903.01, an unspecified felony, and one count of murder, in violation of R.C. 2903.02(A), a felony of the first degree.
(¶3} On January 18, 2012, pursuant to a negotiated plea agreement, Short pleaded guilty to conspiracy to murder, in violation of R.C. 2923.01 and R.C. 2903.02, and to complicity to commit aggravated burglary, in violation of R.C. 2923.03 and 2911.11(A)(1), both felonies of the first degree. In exchange for Short pleading guilty, the prosecution agreed to recommend a sentence of fourteen years in prison.
(¶4} On March 20, 2012, the trial court sentenced Short to serve a ten-year prison term on the conspiracy to murder charge and a five-year prison term on the complicity to commit aggravated burglary charge. The trial court ordered the prison terms to be served consecutively for a total stated prison term of fifteen years.
(¶5} Short subsequently filed this appeal, asserting the following assignment of error.
THE TRIAL COURT FAILED TO MAKE THE NECESSARY STATUTORY FINDINGS IN SENTENCING DEFENDANT TO CONSECUTIVE SENTENCES.
(¶6} In his sole assignment of error, Short argues that the trial court erred when it sentenced him to serve consecutive sentences without addressing the statutory requirements of R.C. 2929.14(C)(4).
(¶7} Section 2953.08(G)(2) of the Revised Code governs our standard of review for felony sentencing and provides in relevant part:
The court hearing an appeal * * * shall review the record, including the findings underlying the sentence or modification given by the sentencing court. The appellate court may increase, reduce, or otherwise modify a sentence that is appealed under this section or may vacate the sentence and remand the matter to the sentencing court for resentencing. The appellate court's standard for review is not whether the sentencing court abused its discretion. The appellate court may take any action authorized by this division if it clearly and convincingly finds either of the following:
(a) That the record does not support the sentencing court's findings under division (B) or (D) of section 2929.13, division (B)(2)(e) or (C)(4) of section 2929.14, or division (I) of section 2929.20 ...