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State v. Crowe

Court of Appeals of Ohio, Third District, Seneca

December 23, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
ARLANDO C. CROWE, DEFENDANT-APPELLANT.

          Appeal from Seneca County Common Pleas Court Trial Court No. 18 CR 0181.

          Sarah R. Anjum for Appellant

          Derek W. DeVine for Appellee

          OPINION

          ZIMMERMAN, P.J.

         {¶1} 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.

         {¶2} 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).

         {¶3} 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").[1] (Doc. No. 32). (See also Doc. No. 36).

         {¶4} 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.[2] (Doc. No. 37). The trial court further ordered Crowe to serve the sentences consecutively for an aggregate term of 68 months in prison.[3] (Id.). The trial court filed its judgement entry of sentence on May 15, 2019. (Id.).

         {¶5} On May 28, 2019, Crowe filed a notice of appeal, and raises one assignment of error for our review. (Doc. No. 39).

         Assignment of Error

         The Trial Court Erred in Imposing Consecutive Sentences without Making All Findings as Required by R.C. 2929.14(C)(4)

         {¶6} 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.

         Standard of Review

         {¶7} 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, ΒΆ 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 ...


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