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State v. Davis9/12/2003
ntence); State v. Kershaw (1999), 132 Ohio App.3d 243, 246, and State v. Aquirre (June 14, 2000), Lorain App. No. 99 CA 007434, 2000 WL 763343, *3 (referring to record to see if trial court's findings on maximum sentence were supported). Accordingly, we reject the State's claim that we have no power to review the record in connection with maximum sentences.
. Under R.C. 2929.14(C), courts may impose a maximum sentence for a felony:
. "only upon offenders who committed the worst forms of the offense, upon offenders who pose the greatest likelihood of committing future crimes, upon certain major drug offenders under division (D)(3) of this section, and upon certain repeat violent offenders in accordance with division (D)(2) of this section."
. At the sentencing hearing, the trial court made the following findings: (1) that the victim suffered serious physical harm of the highest degree; (2) that there was a relationship involving drugs and alcohol; (3) that Davis had a history of criminal convictions, in that he had been convicted previously of assault on a police officer, which was a felony of violence; (4) that Davis had not responded favorably to sanctions previously imposed; (5) that a pattern of drugs and alcohol appeared to be involved in the relationship between the two parties; and (6) that Davis showed some remorse at the sentencing hearing. Regarding the felony conviction on Count III, the court said that it had recited factors indicating this was the worst form of the offense. Accordingly, the court sentenced Davis to the maximum term of five years.
. Regarding the conviction for tampering with evidence, the court commented that Davis had committed the worst form of the offense because a weapon is a key, if not the key, piece of evidence in a homicide case. In this regard, the court stressed that if the gun had not been discovered, Davis may well have escaped prosecution. As a result, the court imposed a five-year, maximum sentence also for tampering with evidence.
. Later in the hearing, the court additionally commented that Davis had a "great likelihood of committing future crimes by the life-style indicated and the surrounding circumstances of the offense and the evidence presented at trial." Thus, the court made two findings under R.C. 2929.14(C), even though only one was required.
. The court's reasons concerning the sentence for tampering with evidence are connected to the statutory finding and are supported by the record. Likewise, the record supports the finding that Davis had the greatest likelihood of committing future crime. Although Davis' most serious former charge was the 1996 felony conviction for assaulting a police officer, the record also reveals that Davis was arrested on numerous prior occasions for charges like drug abuse, driving under the influence of alcohol, and driving under suspension. In fact, he was arrested for the latter charge several times. At the time of the shooting, additional warrants were pending for Davis' arrest on charges of speeding, failure to appear, and driving under suspension.
. The fact that Davis had a prior felony conviction and also continued to drive under suspension, even after repeated arrests, indicates that he is extremely likely to commit future crimes. Accordingly, we agree with the trial court that maximum sentences are appropriate. Because this statutory ground is sufficient, it was not necessary for the trial court also to find that Davis committed the "worst" forms of involuntary manslaughter and tampering with evidence.
. We do note, for future guidance, that if the court intends to make a finding that a particular crime is the worst
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