from Seneca County Common Pleas Court Trial Court No. 18 CR
R. Anjum for Appellant
W. DeVine for Appellee
Defendant-appellant, Arlando C. Crowe ("Crowe"),
appeals the May 15, 2019 judgment entry of sentence of the
Seneca County Court of Common Pleas. We affirm.
On September 12, 2018, the Seneca County Grand Jury indicted
Crowe on seven counts: Counts One and Two of trafficking in
cocaine in violation of R.C. 2925.03(A)(1), (C)(4)(a),
fifth-degree felonies; Counts Three, Four, Five, and Seven of
aggravated trafficking in drugs in violation of R.C.
2925.03(A)(1), (C)(1)(a), fourth-degree felonies; and Count
Six of aggravated possession of drugs in violation of R.C.
29253.11(A), (C)(1)(a), a fifth-degree felony. (Doc. No. 6).
The indictment also included forfeiture specifications.
(Id.). Crowe appeared for arraignment on September
24, 2018 and entered pleas of not guilty. (Doc. No. 13).
On March 15, 2019, Crowe withdrew his pleas of not guilty and
entered guilty pleas, under a negotiated-plea agreement, to
Counts One, Two, Three, and Four of the indictment. (Doc. No.
30). Crowe further agreed to forfeit the property identified
in the forfeiture specifications. (Id.); (Doc. No.
31). In exchange for his change of pleas, the State agreed to
dismiss Counts Five, Six, and Seven. (Id.). The
trial court accepted Crowe's guilty pleas, found him
guilty, dismissed Counts Five, Six, and Seven, and ordered a
presentence investigation ("PSI"). (Doc. No. 32).
(See also Doc. No. 36).
On May 14, 2019, the trial court sentenced Crowe to 10 months
in prison on Counts One, Two, and Three, respectively, and 14
months in prison on Count Four. (Doc. No. 37). The trial court
further ordered Crowe to serve the sentences consecutively
for an aggregate term of 68 months in prison. (Id.).
The trial court filed its judgement entry of sentence on May
15, 2019. (Id.).
On May 28, 2019, Crowe filed a notice of appeal, and raises
one assignment of error for our review. (Doc. No. 39).
Trial Court Erred in Imposing Consecutive Sentences without
Making All Findings as Required by R.C.
In his assignment of error, Crowe argues that the trial court
failed to make the necessary findings under R.C.
2929.14(C)(4) to impose 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