State v. Gwynne
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The Supreme Court held that Ohio Rev. Code 2929.14(C)(4) requires trial courts to consider the overall number of consecutive sentences and the aggregate sentence to be imposed when making the necessity and proportionality findings required for the imposition of consecutive sentences and that appellate review of consecutive sentences under Ohio Rev. Code 2953.08(G)(2) does not require deference to the trial court's findings under section 2929.14(C)(4).
At issue was whether Defendant's sixty-five-year aggregate sentence for numerous nonviolent felonies violated section 2929.14(C)(4), Ohio's consecutive sentencing statute, or the Eighth Amendment to the United States Constitution. The Supreme Court reversed the court of appeals' judgment affirming Defendant's sixty-five year sentence and remanded the case for further consideration in light of the Court's clarification on how sections 2929.14(C)(4) and 2953.08(G)(2) are to be applied, holding (1) consecutive sentence findings must be made in consideration of the aggregate term to be imposed; and (2) appellate review of consecutive sentences does not require appellate courts to defer to the sentencing court's findings.
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