FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE Nos. CR 16 06 1813, CR 16 07 2316
FERGUSON, Attorney at Law, for Appellant.
BEVAN WALSH, Prosecuting Attorney, and JACQUENETTE S. CORGAN,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
S. CALLAHAN JUDGE.
Appellant, Jonnell Ammons, appeals his sentences from the
Summit County Court of Common Pleas. For the following
reasons, this Court affirms.
Mr. Ammons pleaded guilty to one count of failure to comply
with the order or signal of a police officer. In a separate
case, he pleaded guilty to one count of aggravated
trafficking in drugs, one count of aggravated possession of
drugs, and a criminal forfeiture specification for both
counts. The trial court found him guilty of all of the
offenses. At a joint sentencing hearing, it sentenced him to
two years imprisonment on the failure to comply count, a year
and a half imprisonment on the trafficking count, and one
year imprisonment on the possession count. It ordered his
sentences on the drug offenses to run concurrent with each
other but consecutive to his sentence for failure to comply
for a total term of three and a half years. Mr. Ammons has
appealed his sentences, assigning two errors.
OF ERROR NO. 1
TRIAL COURT COMMITTED REVERSIBLE AND PLAIN ERROR WHEN IT
SENTENCED DEFENDANT TO CONSECUTIVE TERMS WITHOUT STRICTLY
COMPLYING WITH R.C. 2929.14(C).
Mr. Ammons argues that the trial court failed to make the
findings required to impose consecutive sentences under R.C.
2929.14(C)(4). That section provides that, "[i]f
multiple prison terms are imposed on an offender for
convictions of multiple offenses, " the sentencing court
may require the offender to serve the 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 offender poses to the
public[.]" R.C. 2929.14(C)(4). The court must also find
"any" of the following:
(a) The offender committed one or more of the multiple
offenses while the offender was awaiting trial or sentencing,
was under a sanction imposed pursuant to section 2929.16,
2929.17, or 2929.18 of the Revised Code, or was under
postrelease control for a prior offense.
(b) At least two of the multiple offenses were committed as
part of one or more courses of conduct, and the harm caused
by two or more of the multiple offenses so committed was so
great or unusual that no single prison term for any of the
offenses committed as part of any of the courses of conduct
adequately reflects the seriousness of the offender's
(c) The offender's history of criminal conduct
demonstrates that consecutive sentences are necessary to
protect the public ...