State v.McDaniel
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[Cite as State v.McDaniel, 2004-Ohio-74.] IN THE COURT OF APPEALS FOR MONTGOMERY COUNTY, OHIO STATE OF OHIO : Plaintiff-Appellee : C.A. CASE NO. 20033, 20034, 20035 v. : T.C. CASE NO. 03CR1210, 03CR1733, 03CR869 JASON T. MCDANIEL : (Criminal Appeal from Common Pleas Court) Defendant-Appellant : : .......... OPINION Rendered on the 9th day of January , 2004. .......... CARLEY J. INGRAM, Atty. Reg. No. 0020084, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422 Attorney for Plaintiff-Appellee ARVIN S. MILLER, Atty. Reg. No. 0016355, Assistant Public Defender, 117 South Main Street, Suite 400, Dayton, Ohio 45422 Attorney for Defendant-Appellant .......... FREDERICK N. YOUNG, J. {¶1} Jason T. McDaniel is appealing from the imposition of a consecutive sentence the trial court imposed in one of three companion cases. 2 The trial court imposed concurrent sentences on the first two of these cases, but in Case No. 2003CR-1733, the trial court imposed a six-month incarceration sentence for receiving stolen property and made it consecutive to the sentences in the other two cases. McDaniel s sole assignment of error is the imposition of the consecutive sentence in that case. He argues that the court failed to make the findings imposed by R.C. 2929.14(E). {¶2} The state concedes error in its brief and acknowledges that the court failed to make the required findings in order to impose a consecutive sentence, nor did it give any reasons as required by R.C. 2929.19(B)(2). The appellant and appellee both maintain that the case should be remanded for re-sentencing. We find that disposition well taken, and we therefore reverse the judgment in Case No. 2003-CR-1733 and remand it for re-sentencing. .......... BROGAN, J. and GRADY, J., concur. Copies mailed to: Carley J. Ingram Arvin S. Miller Hon. John W. Kessler
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