State v. Gwynne
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The Supreme Court vacated its decision in State v. Gwynne, __ N.E.3d __ (Ohio 2022) (Gwynne IV) and affirmed the judgment of the Fifth District Court of Appeals in this sentencing dispute, holding that the court of appeals properly applied the plain language of Ohio Rev. Code 2953.08(G)(2) in concluding that the record supported the trial court's consecutive sentence findings.
Appellant pleaded guilty to seventeen counts of second-degree burglary, among other offenses. The trial court made the findings required under Ohio Rev. Code 2929.14(C)(4) for imposing consecutive sentences and ordered the felony sentences to be served consecutively, for an aggregate sentence of sixty-five years. The appellate court affirmed. The Supreme Court reversed in Gwynne IV, holding on de novo review that the findings required by section 2929.14(C)(4) to impose consecutive prison sentences on an offender must be made in consideration of the aggregate term. The Supreme Court then granted the State's motion for reconsideration, vacated its decision in Gwynne IV and affirmed the court of appeals, holding (1) Ohio Rev. Code 2953.08(G)(2) requires an appellate court to defer to a trial court's consecutive sentence findings, and those findings must be upheld unless they are clearly and convincingly not supported by the record; and (2) the appellate court properly applied that standard.
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