State v. Volz, CA2022-06-028

CourtUnited States Court of Appeals (Ohio)
Writing for the CourtPIPER, J.
Citation2022 Ohio 4134
PartiesSTATE OF OHIO, Appellee, v. DERRICK M. VOLZ, Appellant.
Docket NumberCA2022-06-028
Decision Date21 November 2022

2022-Ohio-4134

STATE OF OHIO, Appellee,
v.

DERRICK M. VOLZ, Appellant.

No. CA2022-06-028

Court of Appeals of Ohio, Twelfth District, Clermont

November 21, 2022


CRIMINAL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS Case No. 2021 CR 00473

Mark J. Tekulve, Clermont County Prosecuting Attorney, and Nicholas Horton, Assistant Prosecuting Attorney, for appellee.

W. Stephen Haynes, Clermont County Public Defender, and Robert F. Benintendi, Assistant Public Defender, for appellant.

OPINION

PIPER, J.

{¶1} Defendant, Derrick Volz, appeals his felony sentences. Specifically, he appeals the trial court's orders that he serve the sentences consecutively. Because the trial court failed to make all the statutorily mandated findings at the sentencing hearing, we conclude that the sentence is contrary to law. Therefore, we vacate the portion of the trial court's judgment imposing consecutive sentences.

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I. Facts and Procedural History

{¶2} Volz was convicted in four separate cases, three in Clermont County and one in Warren County. In the first Clermont County case (2019-CR-0480), he was convicted of a misdemeanor offense and sentenced to two years of community control. In the second Clermont County case (2019-CR-1166), Volz pleaded guilty to three felony drug offenses and was given intervention in lieu of conviction (ILC). He later violated ILC and was sentenced to four years of community control and ordered into a lockdown residential facility. In the third Clermont County case (2021-CR-0473), Volz was convicted of another felony drug offense and sentenced to four years of community control. Lastly, in the Warren County case (2021-CR-038454), he was convicted of escape and sentenced to 12 months in prison.

{¶3} By committing the offense in the Warren County case, Volz violated the terms of his community control sanctions in the three Clermont County cases, so community control was revoked and sentence was imposed. For the misdemeanor in the first case, the trial court sentenced him to a 180-day concurrent jail term. And for each of the four drug offenses in the second and third cases, the court sentenced Volz to a 9-month prison term. The court ordered him to serve the prison terms consecutive to each other and consecutive to the prison term imposed in the Warren County case.

{¶4} Volz appealed.

II. Analysis

{¶5} The sole assignment of error alleges:

{¶6} THE TRIAL COURT ERRED IN ORDERING APPELLANT'S TERMS OF IMPRISONMENT TO RUN CONSECUTIVELY.

{¶7} Volz contends that his sentence is contrary to law because at the sentencing hearing the trial court failed to make all the findings that R.C. 2929.14(C)(4) requires before

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consecutive sentences may be imposed.

{¶8} A felony sentence is reviewed under the standard in R.C. 2953.08(G)(2). State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, ¶ 1. R.C. 2953.08(G)(2) states that an appellate court may modify or vacate a sentence if the court finds 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." Id.

{¶9} When imposing consecutive sentences, a sentencing court is required "to make the findings mandated by R.C. 2929.14(C)(4) at the sentencing hearing and incorporate its findings into its sentencing entry." State v. Bonnell, 140 Ohio St.3d 209, 2014-Ohio-3177, syllabus. R.C....

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