Court of Appeals of Ohio, Third District, Hancock
from Hancock County Common Pleas Court Trial Court No.
M. Vender for Appellant
K. Treece for Appellee
Defendant-appellant, Montre O. Robinson
("Robinson"), appeals the December 17, 2014
judgment entry of sentence of the Hancock County Court of
Common Pleas. For the reasons that follow, we affirm.
This case stems from the November 8, 2013 shooting death of
Joe Gutierrez ("Gutierrez") in which it was alleged
that Robinson aided and abetted Ralph G. Harris, III
("Harris") in discharging a firearm from a vehicle
causing Gutierrez's death. (Doc. No. 116). On November
25, 2013, the Hancock County Grand Jury indicted Robison on
one count of murder in violation of R.C, 2903.02(A), an
unclassified felony, with a specification under R.C. 2941.146
that Robinson purposely caused the death of another "by
discharging a firearm from a motor vehicle" and one
count of tampering with evidence in violation of R.C.
2921.12(A)(1), a third-degree felony. (Doc. No. 1). On
December 2, 2013, Robinson appeared for arraignment and
entered pleas of not guilty. (Doc. No. 11).
The case proceeded to a jury trial on October 14-17 and
20-22, 2014. (Doc. No. 110). On October 22, 2014, the jury
found Robinson guilty as to the counts and specification in
the indictment. (Doc. Nos. 101, 102, 110). The trial court
filed its judgment entry of conviction on December 11, 2014.
(Doc. No. 110). On December 11, 2014, the trial court
sentenced Robinson to an indefinite term of life in prison
with parole eligibility after serving 15 years on Count One,
5 years in prison on the specification, and 24 months in
prison on Count Two, and it ordered that Robinson serve the
terms consecutively. (Doc. No. 112); (Dec. 11, 2014 Tr. at
24-25). The trial court filed its judgment entry of sentence
on December 17, 2014. (Doc. No. 112).
On May 19, 2016, Robinson filed his notice of
appeal. (Doc. No. 136). He raises two assignments
of error for our review.
of Error No. I
The trial court erred when it imposed consecutive sentences
on Robinson because the record did not contain evidence to
support the trial court's findings. R.C.
2953.08(G)(2)(a); R.C. 29239.14(C)(4); State v.
Bonnell, 140 Ohio St.3d 209, 2014-Ohio-3177, 16 N.E.3d
659, Fifth and Fourteenth Amendments to the United States
Constitution and Article I, Section 16, of the Ohio
Constitution; December 11, 2014, Sentencing Hearing, Tr.
24-26; December 11, 2014 Judgement Entry.
In his first assignment of error, Robinson argues the trial
court erred in imposing consecutive sentences.
Under R.C. 2953.08(G)(2), an appellate court will reverse a
sentence "only if it determines by clear and convincing
evidence that the record does not support the trial
court's findings under relevant statutes or that the
sentence is otherwise contrary to law." State v.
Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1.
Clear and convincing evidence is that "'which will
produce in the mind of the trier of facts a firm belief or
conviction as to the facts sought to be
established.'" Id. at ¶ 22, quoting
Cross v. Ledford, 161 Ohio St. 469 (1954), paragraph
three of the syllabus.
"Except as provided in * * * division (C) of section
2929.14, prison term, jail term, or sentence of imprisonment
shall be served concurrently with any other prison term, jail
term, or sentence of imprisonment imposed by a court of this
state, another state, or the United States." R.C.
2929.41(A). R.C. 2929.14(C) provides:
(4) * * * [T]he court may require the offender to serve the
prison terms consecutively if the court finds that the
consecutive service is necessary to protect the public from
future crime or to punish the offender and that consecutive
sentences are not disproportionate to the seriousness of the
offender's conduct and to the danger the ...