State v. Johnson

116 Ohio St. 3d 541
CourtOhio Supreme Court
DecidedJanuary 16, 2008
DocketNo. 2006-2154
StatusPublished
Cited by28 cases

This text of 116 Ohio St. 3d 541 (State v. Johnson) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Johnson, 116 Ohio St. 3d 541 (Ohio 2008).

Opinion

O’Donnell, J.

{¶ 1} Kevin Johnson appeals from a decision of the Butler County Court of Appeals, which affirmed the trial court’s imposition of consecutive life sentences for his four rape convictions upon its determination that R.C. 2929.13(F) required that mandatory prison terms for certain serious offenses, including rape, be imposed consecutively. We hold that R.C. 2929.13(F) does not require a sentencing court to impose consecutive sentences for multiple rape convictions. Accordingly, we reverse the judgment of the Twelfth District, vacate Johnson’s sentence, and remand this cause for resentencing.

{¶ 2} A jury found Johnson guilty of four counts of rape, each with a finding that the victim was under ten years old. The trial court sentenced Johnson to a mandatory term of life imprisonment for each of his four convictions, pursuant to R.C. 2907.02(B) and 2929.13(F)(2), and ordered him to serve his sentences consecutively, finding that “[sjince the conviction on each count requires a mandatory sentence, pursuant to ORC 2929.13(F)(2), the Court is required by law to run each sentence consecutively.”

{¶ 3} The Twelfth District Court of Appeals affirmed the trial court’s judgment, determining that R.C. 2929.13(F) implicitly required the imposition of consecutive prison terms for multiple rape convictions. The Twelfth District stated: “Anything less would diminish the intended effect of the mandatory sentences, and would render such sentences not truly mandatory. We do not interpret the language of R.C. 2929.13(F) to allow for the possibility of a ‘volume discount,’ where a defendant essentially serves one term for the commission of multiple, serious crimes for which mandatory prison terms are required.” State v. Johnson, Butler App. No. CA2005-10-422, 2006-Ohio-5195, 2006 WL 2796826, ¶ 68.

{¶ 4} The Twelfth District certified that its decision was in conflict with the decision of the Third District Court of Appeals in State v. Sharp, Allen App. No. 1-02-06, 2002-Ohio-2343, 2002 WL 1001035. In Sharp, the court had determined that R.C. 2929.13(F)(3) did not require the imposition of consecutive prison terms for multiple convictions for gross sexual imposition where the victim was under the age of 13. Id. at ¶ 26. Nonetheless, the Third District upheld the trial [543]*543court’s imposition of consecutive sentences because the court, pursuant to R.C. 2929.14(E)(4), made abundant findings to support the consecutive terms. Id.1

{¶ 5} Thus, the decisions of the Twelfth and Third districts interpreting R.C. 2929.13(F) diverge. While the Twelfth District’s decision in Johnson holds that R.C. 2929.13(F) requires consecutive sentences for multiple convictions, the Third District’s decision in Sharp determines that it does not.

{¶ 6} Upon granting Johnson’s motion to certify a conflict, the Twelfth District certified the following issue to this court: “[WJhether a trial court is required to impose consecutive sentences when a defendant is convicted of multiple counts of an offense listed in R.C. 2929.13(F).” We accepted the certified question.

{¶ 7} Johnson acknowledges that R.C. 2929.13(F) requires a court to impose mandatory prison terms for convictions for any of the offenses enumerated in the statute. However, he contends that nothing in the plain language of the statute requires a court to impose those mandatory prison terms consecutively when an offender is convicted of multiple offenses. Johnson asserts that when the legislature intends to require sentencing courts to impose mandatory sentences consecutively, it explicitly states its intention. He cites R.C. 2921.331(D), which provides that an offender convicted of failure to comply with an order or signal of a police officer “shall serve the prison term [for that conviction] consecutively to any other prison term or mandatory prison term imposed upon the offender.”

{¶ 8} In contrast, the state asserts that because R.C. 2929.13(F) provides that “the court shall impose a prison term or terms” and limits the court’s ability to reduce the offender’s sentence under certain sections of the Revised Code, the statute requires a sentencing court to impose the terms for multiple convictions consecutively. The state reasons that permitting an offender to serve the mandatory sentences for multiple convictions concurrently would impermissibly reduce the sentences and render them not truly mandatory. There appears to be some confusion in the courts below and between the parties to this case regarding the difference between mandatory and consecutive sentences as well as a sentencing court’s obligation to impose those sentences. The provisions of R.C. 2929.13(F), 2929.14(D) and (E), and 2929.41(B) serve to clarify this issue.

{¶ 9} R.C. 2929.13(F) addresses mandatory prison terms and lists offenses for which a sentencing court is obligated to impose a prison term. The version in effect on the date of the offense provided: “Notwithstanding divisions (A) to (E) of this section, the court shall impose a prison term or terms under sections [544]*5442929.02 to 2929.06, section 2929.14, or section 2971.03 of the Revised Code and except as specifically provided in section 2929.20 [judicial release] or 2967.191 [credit for confinement awaiting trial] of the Revised Code or when parole is authorized for the offense under section 2967.13 of the Revised Code shall not reduce the terms pursuant to section 2929.20 [judicial release], section 2967.193 [deduction from sentence for participation in certain programs], or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code for any of the following offenses: * * * (2) Any rape, regardless of whether force was involved and regardless of the age of the victim * * Sub.H.B. No. 52, effective June 1, 2004.2

{¶ 10} In addition to rape, the mandatory-sentence provision of R.C.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Duncan
2024 Ohio 5610 (Ohio Court of Appeals, 2024)
State v. Hill
2024 Ohio 2402 (Ohio Court of Appeals, 2024)
State v. Jackson
2024 Ohio 583 (Ohio Court of Appeals, 2024)
State v. Peters
2023 Ohio 4362 (Ohio Court of Appeals, 2023)
State v. Logan
2023 Ohio 1135 (Ohio Court of Appeals, 2023)
State v. Rodriguez
2023 Ohio 805 (Ohio Court of Appeals, 2023)
State v. Grays
2023 Ohio 221 (Ohio Court of Appeals, 2023)
State v. Cover
2021 Ohio 1303 (Ohio Court of Appeals, 2021)
State v. Culp
2020 Ohio 5287 (Ohio Court of Appeals, 2020)
State v. Shazier
2019 Ohio 4409 (Ohio Court of Appeals, 2019)
State v. Wofford
2019 Ohio 2815 (Ohio Court of Appeals, 2019)
State v. Grayson
2019 Ohio 864 (Ohio Court of Appeals, 2019)
State v. Landers
2017 Ohio 1194 (Ohio Court of Appeals, 2017)
State v. Colvin
2016 Ohio 5644 (Ohio Court of Appeals, 2016)
State v. Griffin
2016 Ohio 2719 (Ohio Court of Appeals, 2016)
State v. Polus (Slip Opinion)
2016 Ohio 655 (Ohio Supreme Court, 2016)
State v. Ferrell
2014 Ohio 4377 (Ohio Court of Appeals, 2014)
State v. Banks
2013 Ohio 4394 (Ohio Court of Appeals, 2013)
State v. Bondurant
2012 Ohio 4912 (Ohio Court of Appeals, 2012)
State v. Thomas, 91112 (4-16-2009)
2009 Ohio 1784 (Ohio Court of Appeals, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
116 Ohio St. 3d 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-johnson-ohio-2008.