Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Johnson

Court of Appeals of Ohio, Eighth District, Cuyahoga

May 24, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
PRECIOUS M. JOHNSON DEFENDANT-APPELLANT

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-17-613183-C

          ATTORNEY FOR APPELLANT Kimberly Bolton

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor BY: Shannon M. Musson Gregory Ochocki Assistant Prosecuting Attorneys

          BEFORE: E.A. Gallagher, A.J., Kilbane, J., and Blackmon, J.

          JOURNAL ENTRY AND OPINION

          EILEEN A. GALLAGHER, ADMINISTRATIVE JUDGE

         {¶1} Defendant-appellant Precious Johnson appeals from the imposition of consecutive sentences in the Cuyahoga County Court of Common Pleas. We affirm the judgment of the trial court.

         Facts and Procedural Background

         {¶2} On May 15, 2017, Johnson entered guilty pleas in three separate cases. In CR-17-613183-C, Johnson plead guilty to two counts of breaking and entering, aggravated theft, vandalism and attempted failure to comply. In CR-17-613766-B, Johnson plead guilty to two counts of breaking and entering, aggravated theft and vandalism. In CR-17-614714-A, Johnson plead guilty to aggravated theft.

         {¶3} At sentencing the trial court imposed twelve-month prison terms on each of the above counts. In CR-17-613183-C, the trial court ordered one of the breaking and entering counts to be served concurrently to the aggravated theft, vandalism and attempted failure to comply counts but ordered those four counts to be served consecutively to the second count of breaking and entering for a cumulative sentence of 24 months. In CR-17-613766-B the trial court ordered one of the breaking and entering counts to be served concurrently to the aggravated theft and vandalism counts but ordered those three counts to be served consecutively to the second count of breaking and entering for a cumulative sentence of 24 months. Johnson was sentenced to 12 months on the sole count of aggravated theft in CR-17-614714-A. The trial court ordered the cumulative sentences in each of the three cases to be served consecutively for an aggregate prison term of 60 months.

         Law and Analysis

         I. Consecutive Sentences

         {¶4} In her sole assignment of error, Johnson argues that the trial court failed to make the findings required for the imposition of consecutive sentences under R.C. 2929.14(C)(4).

         {¶5} Pursuant to R.C. 2929.14(C)(4), in order to impose consecutive sentences, the trial court must find that consecutive sentences are necessary to protect the public from future crime or to punish the offender, that consecutive sentences are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public and that at least one of the following also applies:

(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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.