Watch the full video at https://rumble.com/v2wn9me-its-not-nice-to-defraud-your-elderly-mother.html and at https://youtu.be/YHzJcRoPiAI
Jon Settlemire (“Settlemire”) appealed against the subsequent sentence only to find the Court of Appeal without mercy. When the Marion County Grand Jury returned a 45-count indictment charging Settlemire with a variety of felony counts, Settlemire entered a plea of not guilty to the charge. After the preliminary trial, Settlemire entered into a negotiated plea of guilty to five felonies.
In State Of Ohio v. Jon M. Settlemire, 2023-Ohio-1852, No. 9-22-33, Court of Appeals of Ohio (June 5, 2023), Settlemire pleaded guilty to one count of theft in violation, a fourth-degree felony ; one count of forgery, a fifth-degree felony; one count of forgery in violation of the fifth degree felony; one count of theft, a fourth-degree felony; and amended to a charge of forgery, a third-degree felony. In exchange for the guilty plea, prosecutors dismissed the remaining charges.
On April 28, 2022, a sentencing hearing was held. At that time, the district court imposed a sentence and that all counts be served consecutively, for a total sentence of 86 months in prison.
IT STATED ERROR
In the sole assignment of error, Settlemire argued that the trial court erred in ordering that the sentences in this case be served consecutively. Specifically, Settlemire argued that the aggregate sentence here is disproportionate and overly severe compared to the criminal conduct for which he was convicted.
If multiple prison terms are imposed on an offender for multiple felony convictions, the court may require the offender to serve the terms of imprisonment consecutively if the court finds that the consecutive terms of service are necessary to protect the public from future crimes or to punish the offender and that consecutive sentences are not in disproportionate relation to the seriousness of the offender’s behavior and to the danger the offender poses to the public.
IN State v. Gwynne,___ Ohio St.3d ___, 2022-Ohio-4607, the Supreme Court of Ohio noted that defendants may appeal consecutive sentences and that a statute provides that an appellate court may increase, reduce, or otherwise modify a sentence or that it may vacate and remand the case for conviction when it clearly and convincingly finds that the record does not support the court’s decision.
The Court of Appeals’ review of Settlemire’s sentences reflects that the trial court made the required consecutive findings of fact pursuant to the statute at the sentencing hearing and incorporated those findings into the sentencing finding.
The trial court noted at sentencing, and as confirmed by the record, Settlemire’s multiple crimes of theft and forgery resulted in a loss of nearly $50,000.00 to the various victims, and the multiple victims in this case suffered serious financial harm. Settlemire’s relationship with the victims facilitated the crimes, with one of the victims being Settlemire’s elderly mother. Finally, as the trial court noted, Settlemire was initially charged with 45 felony counts in this case, and a sentencing court may consider charges dismissed or reduced pursuant to a plea agreement.
The number of consecutive sentences and the aggregate sentence here were not disproportionate or unduly severe in relation to the criminal conduct of which Settlemire was found guilty.
Finding no error prejudicial to the defendant-appellant in the facts assigned and asserted, the judgment of the Marion County Court of Common Pleas was affirmed.
Bad people who are convicted of multiple crimes deserve punishment. No fraudster is more deserving of punishment than a man who cheats his elderly mother and relatives. The Ohio court sentenced Settlemire to spend the next 86 months in an Ohio state prison.
(c) 2023 Barry Zalma & ClaimSchool, Inc.
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