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COURT OF APPEALS
KNOX COUNTY, OHIO
FIFTH APPELLATE DISTRICT
STATE OF OHIO : JUDGES:
: Hon. Earle E. Wise, Jr., P.J.
Plaintiff-Appellee : Hon. W. Scott Gwin, J.
: Hon. Craig R. Baldwin, J.
-vs- :
:
CURTIS HULL : Case No. 22-CA-10
:
Defendant-Appellant : OPINION
CHARACTER OF PROCEEDING: Appeal from the Court of Common
Pleas, Case No. 20CR12-0294
JUDGMENT: Sentence Vacated and Remanded
DATE OF JUDGMENT: November 29, 2022
APPEARANCES:
For Plaintiff-Appellee For Defendant-Appellant
CHARLES T. MCCONVILLE TODD W. BARSTOW
117 East High Street 261 West Johnstown Road
Suite 234 Suite 204
Mount Vernon, OH 43050 Columbus, OH 43230
Knox County, Case No. 22-CA-10 2
Wise, Earle, P.J.
{¶ 1} Defendant-Appellant, Curtis Hull, appeals his May 12, 2022 sentence from
the Court of Common Pleas of Knox County, Ohio. Plaintiff-Appellee is state of Ohio.
FACTS AND PROCEDURAL HISTORY
{¶ 2} On December 14, 2020, the Knox County Grand Jury indicted appellant on
one count of failure to use turn signal in violation of R.C. 4511.39 (Count 1), one count of
failure to stop at grade crossing in violation of R.C. 4511.61(D) (Count 2), one count of
failure to comply with order or signal of police officer in violation of R.C. 2921.331(B)
(Count 3), one count of driving under lifetime suspension in violation of R.C. 4510.18(A)
(Count 4), one count of having weapons while under disability in violation of R.C.
2923.13(A)(2) (Count 5), and one count of criminal damaging in violation of R.C.
2909.06(A)(1) (Count 6).
{¶ 3} On April 18, 2022, appellant pled no contest to the charges. The trial court
found appellant guilty of all charges. A sentencing hearing was held on May 11, 2022.
By judgment entry filed May 12, 2022, the trial court sentenced appellant to thirty months
on Count 3, thirty months on Count 4, and thirty months on Count 5, to be served
consecutively, and ninety days on Count six, to be served concurrently to the consecutive
sentences.
{¶ 4} Appellant filed an appeal and this matter is now before this court for
consideration. Assignments of error are as follows:
I
Knox County, Case No. 22-CA-10 3
{¶ 5} "THE TRIAL COURT ERRED TO THE PREJUDICE OF APPELLANT BY
IMPROPERLY SENTENCING HIM TO CONSECUTIVE TERMS OF INCARCERATION
IN CONTRAVENTION OF OHIO'S SENTENCING STATUTES."
II
{¶ 6} "APPELLANT'S TRIAL COUNSEL WAS INEFFECTIVE THEREBY
DEPRIVING HIM OF THE EFFECTIVE ASSISTANCE OF COUNSEL PURSUANT TO
THE SIXTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES
CONSTITUTION."
I
{¶ 7} In his first assignment of error, appellant claims the trial court erred in
improperly sentencing him to consecutive terms in contravention of Ohio's sentencing
statutes. We agree.
{¶ 8} In his appellate brief at 3, appellant argues the trial court fell short of the
mandate announced in State v. Bonnell,
, wherein the Supreme Court of Ohio held at ¶ 37: "In order to impose consecutive
terms of imprisonment, a trial 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, but it has no obligation to state reasons to support its findings." Appellant argues
the trial court failed to justify consecutive service between Counts 4 and 5 during the
sentencing hearing.
{¶ 9} In its appellate brief at 5, the state concedes the issue: "However, the
transcript does not contain the findings from R.C. 2929.14(C) that consecutive service is
Knox County, Case No. 22-CA-10 4
necessary to protect the public from future crimes by the offender, and that consecutive
sentences are not disproportionate to the defendant's conduct."
{¶ 10} Upon review, we find the trial court erred in imposing consecutive
sentences. We vacate the sentence and remand the matter to the trial court for
resentencing pursuant to R.C. 2929.14(C)(4) and Bonnell.
{¶ 11} Assignment of Error I is granted.
II
{¶ 12} In his second assignment of error, appellant claims his trial counsel was
ineffective by failing to keep him informed of plea offers. Because of our decision in the
first assignment of error, we find this assignment to be premature.
{¶ 13} The sentence of the Court of Common Pleas of Knox County, Ohio is
hereby vacated, and the matter is remanded to said court for resentencing consistent with
this opinion.
By Wise, Earle, P.J.
Gwin, J. and
Baldwin, J. concur.
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