State v. Hoffer

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[Cite as State v. Hoffer, 2004-Ohio-3053.] COURT OF APPEALS ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vsWILLIAM H. HOFFER Defendant-Appellant JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Sheila G. Farmer, J. Case No. 03COA065 OPINION CHARACTER OF PROCEEDING: Appeal from the Ashland Court of Common Pleas, Case NO. 03CRI091C JUDGMENT: Reversed and Remanded DATE OF JUDGMENT ENTRY: June 9, 2004 APPEARANCES: For Plaintiff-Appellee For Defendant-Appellant ROBERT P. DESANTO Ashland County Prosecutor Orange Tree Square, Ste. 307 DOUGLAS A. MILHOAN 610 Market Avenue North Canton, Ohio 44702 Ashland, Ohio 44805 Hoffman, J. {¶1} Defendant-appellant William H. Hoffer appeals his sentence rendered by the Ashland County Court of Common Pleas and entered via Judgment Entry-Sentencing on November 18, 2003. The State of Ohio is plaintiff-appellee. STATEMENT OF THE CASE {¶2} Appellant pled guilty to one count breaking and entering and one count of theft. The trial court sentenced appellant to twelve months on each count to be served consecutively. {¶3} The trial court memorialized its sentence via Judgment Entry-Sentencing on November 18, 2003. It is from that entry appellant prosecutes his appeal, assigning as error: {¶4} I. THE IMPOSITION OF CONSECUTIVE SENTENCES IS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AND CONTRARY TO THE LAW. {¶5} Herein, appellant asserts the trial court failed to make two of the requisite findings for imposition of consecutive sentences as required by R.C. 2929.14(E). First, appellant contends the trial court failed to find consecutive sentences are not disproportionate to the seriousness of the offender s conduct. Second, appellant contends the trial court failed to find consecutive sentences are not disproportionate to the danger the offender poses to the public. {¶6} Appellee concedes the trial court failed to make the requisite findings under R.C. 2929.14(E). Accordingly, we reverse the trial court s sentence and remand this matter for resentencing . See State v. Comer (2003), 99 Ohio St.3d 463. By: Hoffman, J. Gwin, P.J. and Farmer, J. concur ___________________________________ ___________________________________ ___________________________________ JUDGESIN THE COURT OF APPEALS FOR ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT STATE OF OHIO Plaintiff-Appellee -vsWILLIAM H. HOFFER Defendant-Appellant : : : : : : : : : JUDGMENT ENTRY Case No. 03COA065 For the reason stated in our accompanying Memorandum-Opinion, the judgment of the Ashland County Court of Common Pleas is reversed and the matter remanded to that court for resentencing. Costs assessed to appellee. ___________________________________ ___________________________________ ___________________________________ JUDGES

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