Background
Deshon Baker, Jr. was indicted on murder, felonious-assault, and weapons charges arising from a December 2024 shooting outside a Cleveland bar. Baker ultimately pleaded guilty to amended charges of tampering with evidence and having weapons while under disability; the State dismissed the homicide and assault charges after its self-defense committee reviewed the case.
At sentencing, the record showed that Baker carried a firearm while on judicial release for an aggravated-robbery conviction, despite a condition barring him from possessing firearms. After being struck by Simajah Harris during an altercation, Baker fired three shots, two of which struck Harris, then fled with the gun. Harris later died, and the firearm was never recovered. The trial court imposed two consecutive 24-month terms.
The Court’s Holding
The Eighth District affirmed. Because Baker did not object to consecutive sentences in the trial court, he forfeited ordinary review and had to establish plain error.
The court held that the trial judge made the findings required by R.C. 2929.14(C)(4), including that consecutive terms were necessary to punish Baker and protect the public, were not disproportionate, and that Baker committed the offenses while on community control. The record supported those findings, including Baker’s possession and disposal of the firearm while under supervision, and the findings were included in the sentencing entry.
Key Takeaways
- A defendant who fails to object to consecutive sentences must satisfy the demanding plain-error standard on appeal.
- A trial court may impose consecutive terms when it makes the statutory findings and the record supports them.
- Offenses committed while on community control can satisfy R.C. 2929.14(C)(4)(a).
Why It Matters
The decision underscores the deferential review of consecutive sentences in Ohio, particularly where no sentencing objection was made. It also confirms that a court may rely on conduct surrounding the offenses and a defendant’s supervision status to support the required consecutive-sentencing findings.