Court of Appeals of Ohio, Eighth District, Cuyahoga
Criminal Appeal from the Cuyahoga County Court of Common
Pleas Case No. CR-18-629694-A
AFFIRMED AND REMANDED
Michael C. O'Malley, Cuyahoga County Prosecutor, and Eben
McNair, Assistant Prosecuting Attorney, for appellee.
Mancino Mancino & Mancino, and Paul A. Mancino, Jr., for
JOURNAL ENTRY AND OPINION
PATRICIA ANN BLACKMON, JUDGE.
1} Defendant-appellant John P. Gossett appeals from
his conviction for burglary. He assigns the following errors
for our review:
I. Defendant was denied due process of law when he was
sentenced to a consecutive sentence without any appropriate
II. Defendant was denied due process of law when the court
accepted a plea to an amended indictment without determining
whether defendant understood the nature of the charge.
2} Having reviewed the record and the controlling
case law, we affirm but remand for the trial court to issue a
nunc pro tunc sentencing journal entry in compliance with
State v. Bonnell, 140 Ohio St.3d 209,
2014-Ohio-3177, 16 N.E.3d 659.
3} On June 20, 2018, Gossett was indicted in a
two-count indictment. Count 1 charged him with burglary with
notice of a prior conviction and a repeat violent offender
specification. Count 2 charged him with petty theft. On
August 14, 2018, Gossett pled guilty to burglary, and the
remainder of the indictment was dismissed. The following
month, he was sentenced to eight years of imprisonment with
three years of postrelease control sanctions. The court
ordered the sentence to be served consecutively to
Gossett's six-year sentence for burglary in Cuyahoga C.P.
4} In the first assigned error, Gossett argues that
the trial court failed to make the findings required under
R.C. 2929.14(C) before imposing consecutive sentences.
5} Pursuant to R.C. 2953.08(G)(2)(a), an appellate
court may "increase, reduce, or otherwise modify a
sentence * * * or may vacate the sentence and remand the
matter to the sentencing court for resentencing" if it
"clearly and convincingly" finds that "the
record does not support the sentencing court's
findings" under R.C. 2929.14(C)(4).
6} In order to impose consecutive sentences, the
trial court must find that (1) consecutive sentences are
necessary to protect the public from future crime or to
punish the offender, (2) consecutive sentences are not
disproportionate to the seriousness of the offender's
conduct and to ...