State v. Wright

108 N.E.3d 1109, 2018 Ohio 965
CourtCourt of Appeals of Ohio, Eighth District, Cuyahoga County
DecidedMarch 15, 2018
DocketNo. 106175
StatusPublished
Cited by51 cases

This text of 108 N.E.3d 1109 (State v. Wright) is published on Counsel Stack Legal Research, covering Court of Appeals of Ohio, Eighth District, Cuyahoga County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Wright, 108 N.E.3d 1109, 2018 Ohio 965 (Ohio Super. Ct. 2018).

Opinion

PATRICIA ANN BLACKMON, J.:

{¶ 1} Defendant-appellant Jennifer Wright ("Wright") appeals from the maximum, consecutive sentences for possessing criminal tools and identity fraud. Wright assigns the following errors for our review:

I. The record does not support the imposition of consecutive sentences.
II. The trial court, by considering uncharged, unproven, and vague allegations of criminal conduct in sentencing to maximum, consecutive sentences, deprived [Wright] of her liberty without due process and of her constitutional rights to a grand jury indictment, to trial by an impartial jury, to proof of charges beyond a reasonable doubt, to confront the witnesses against her, and to otherwise present a defense.

{¶ 2} Having reviewed the record and pertinent law, we affirm the trial court's sentence. The apposite facts follow.

{¶ 3} In April 2017, Wright and codefendant Pierre Dorsey ("Dorsey") were indicted *1111in an eight-count indictment, in connection with false credit card applications and fraudulent purchases. As is relevant to Wright, Count 5 charged her with second-degree misdemeanor obstructing official business, Count 6 charged her with fifth-degree felony possessing criminal tools; Count 7 charged her with fourth-degree identity fraud, and Count 8 charged her with fifth-degree felony identity fraud.

{¶ 4} Wright pled not guilty, but later reached a plea agreement with the state. She pled guilty to possessing criminal tools as alleged in Count 6, and identity theft as alleged in Count 8, and the trial court ordered a presentence investigation and report.

{¶ 5} At the sentencing hearing on August 8, 2017, defense counsel and Wright raised the issue of Wright's "history of criminal activity regarding thefts and things of that nature," noting that it started in the 90s and resumed "in about 2005 up to 2010." Defense counsel explained to the court that Wright generally did well on her own, but committed offenses due to a pattern of destructive relationships that led her to make poor choices. Counsel also noted that Wright has mental health issues, tested negative for drug use, and has a young child. He asked the court to consider imposing five years of intensively supervised community control. Wright stated that she committed shoplifting offenses, beginning when she was 30, due to a breakdown, and a physically abusive relationship. She also stated that she is employed and made restitution to the victims.

{¶ 6} Mayfield Height police detective Van Snider ("Det. Snider") testified to the circumstances surrounding a fraudulent purchase at Costco in which Dorsey was arrested, but Wright fled the store. Later, when Wright arrived to post bond for Dorsey, Det. Snider observed in the vehicle, in plain view, mail strewn about the car. After obtaining a search warrant, he learned that the mail included numerous credit cards, mail belonging to other individuals, fraudulent W-2s, and fraudulent driver's licenses with Wright's picture. Det. Snider ascertained that thousands of dollars of purchases were made on the credit cards, and that Wright had been making payments on the vehicle using the fraudulent credit cards. Wright also sent correspondence to the credit monitoring company to remove mention of the fraudulent purchases, and this prevented the victims from learning of the identity thefts.

{¶ 7} At the conclusion of the hearing, the trial court sentenced Wright to 12 months for possession of criminal tools, to be served consecutively to 12 months for identity theft.

Consecutive Sentences

{¶ 8} In her first assigned error, Wright argues that the record does not support the imposition of consecutive sentences.

{¶ 9} In reviewing felony sentences, appellate courts must apply the standard of review set forth in R.C. 2953.08(G)(2), rather than an abuse of discretion standard. See State v. Marcum , 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 9. Under R.C. 2953.08(G)(2), an appellate court may increase, reduce, or modify a sentence, or it may vacate the sentence and remand for resentencing, only if it clearly and convincingly finds either (1) the record does not support certain specified findings, or (2) the sentence imposed is contrary to law. An appellate court does not review a trial court's sentence for an abuse of discretion. Marcum at ¶ 10. Rather, an appellate court may vacate or modify any sentence that is not clearly and convincingly contrary to law only if the appellate court finds by clear and convincing evidence that the record does not support the sentence. Id. at ¶ 23. In accordance with R.C. 2953.08(A)(1), Wright may appeal as of *1112right the imposition of consecutive sentences.

{¶ 10} Before a trial court may impose consecutive sentences, the court must first make specific findings mandated by R.C. 2929.14(C)(4) and incorporate those findings in the sentencing entry. State v. Bonnell , 140 Ohio St.3d 209, 2014-Ohio-3177, 16 N.E.3d 659, ¶ 37. Under R.C. 2929.14(C)(4), the court must find that consecutive sentences are: (1) necessary to protect the public from future crime or to punish the offender; and (2) are not disproportionate to the seriousness of the offender's conduct and to the danger the offender poses to the public. R.C. 2929.14(C)(4). In addition to making those findings, the court must also find one of the following:

(a) The offender committed one or more of the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section 2929.16, 2929.17, or 2929.18 of the Revised Code, or was under postrelease control for a prior offense.
(b) At least two of the multiple offenses were committed as part of one or more courses of conduct, and the harm caused by two or more of the multiple offenses so committed was so great or unusual that no single prison term for any of the offenses committed as part of any of the courses of conduct adequately reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender.

Id.

{¶ 11} Trial courts are required to make the necessary statutory findings when imposing consecutive sentences, but they have no duty to give reasons in support of those findings. Bonnell at ¶ 24. An appellate court may vacate an order of consecutive sentences if it clearly and convincingly finds that the record does support consecutive sentences under R.C.

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Cite This Page — Counsel Stack

Bluebook (online)
108 N.E.3d 1109, 2018 Ohio 965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wright-ohctapp8cuyahog-2018.