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State v. Payne

Court of Appeals of Ohio, Third District, Henry

July 15, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
ADAM PAYNE, DEFENDANT-APPELLANT.

          Appeal from Henry County Common Pleas Court Trial Court No. 18 CR 0104

          Brian A. Smith for Appellant

          Gwen Howe-Gebers for Appellee

          OPINION

          WILLAMOWSKI, J.

         {¶1} Defendant-appellant Adam Payne ("Payne") appeals the judgment of the Henry County Court of Common Pleas, alleging that the trial court failed to make the findings require by R.C. 2929.14(C)(4). For the reasons set forth below, the judgment of the trial court is reversed.

         Facts and Procedural History

         {¶2} On August 22, 2018, Payne was indicted on one count of aggravated robbery in violation of R.C. 2911.01(A)(3); one count of escape in violation of R.C. 2921.34(A)(1); and one count of attempted vandalism in violation of R.C. 2923.02(A), 2909.05(B)(1)(b). Doc. 1. These charges were the basis of case 18-CR-0104. Doc. 1. On November 26, 2018, Payne pled guilty to one count of aggravated robbery in violation of 2911.01(A)(3). Doc. 19. Change of Plea Hearing Tr. 2. Pursuant to a plea agreement, the other two counts against Payne were dismissed. Id.

         {¶3} On December 18, 2018, Payne appeared before the trial court for sentencing. Doc. 21. Prior to this hearing, Payne had been sentenced in a Defiance County case to a prison term of twenty-three months. Sentencing Hearing Tr. 3. The trial court ordered that Payne's sentence in case 18-CR-0104 be served consecutively to the sentence he received in the Defiance County case. Id. at 10. Doc. 21. On January 16, 2019, appellant filed his notice of appeal. Doc. 30. On appeal, Payne raises the following assignments of error:

         First Assignment of Error

         Because the trial court failed to make the findings required under R.C. 2929.14(C)(4) before imposing a consecutive sentence, Appellant's sentence was in violation of R.C. 2929.41(A) and, therefore, contrary to law.

         Second Assignment of Error

         Because the record, as shown by clear and convincing evidence, does not support the trial court's findings under the relevant statutes, pursuant to R.C. 2953.08(G)(2), the trial court's sentence of Appellant was not supported by the record.

         First Assignment of Error

         {¶4} Payne argues that the trial court did not make the findings that are required to impose consecutive ...


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