The Akron Legal News

Woman with long criminal record loses appeal for fake checks conviction

ANNIE YAMSON
Special to the Legal News
Published: August 29, 2014

A panel of judges in the 2nd District Court of Appeals recently ruled that the Clark County Court of Common Pleas made the proper findings in court and in its sentencing entry before imposing consecutive sentences in a forgery case.

Bonnie Bittner appealed from the prison sentence she received in the lower court following her guilty plea to two counts of forgery.

She was originally indicted on five counts of fifth-degree felony forgery in September 2013.

According to case summary, Bittner passed multiple counterfeit checks on July 11, 15 and 17 in 2013.

Pursuant to a plea agreement, Bittner pleaded guilty to two counts of forgery which stemmed from her passing two counterfeit checks at two separate branches of Home City Federal Savings Bank on July 15, 2013.

According to her, drug dealers gave her the checks and she would cash them in exchange for drugs.

As part of the plea agreement, Bittner agreed to pay $7,566 in restitution.

At her sentencing hearing, the trial court reviewed Bittner’s criminal record and found that it was substantial.

She had prior convictions for grand theft, involuntary manslaughter, theft, tampering with records and aggravated arson.

The court also noted that Bittner received consecutive sentences for those offenses.

At the time of her forgery offenses, Bittner was on postrelease control and under the supervision of the Adult Parole Authority with 14 months remaining in the program.

During her hearing, Bittner apologized for her behavior and said she was ready to accept the consequences of her actions.

However, the trial court noted that it was unclear whether the remorse was genuine.

The trial court also indicated the Bittner had a moderate risk of recidivism based on the Ohio Rick Assessment System and that her victims had suffered serious economic harm.

After considering those factors along with the purposes and principles of felony sentencing, the trial court sentenced Bittner to 11 months in prison for each forgery count, to run consecutively for a total of 22 months in prison.

In her sole assignment of error upon appeal, Bittner claimed that the trial court imposed consecutive sentences without adequately following the guidelines set forth in R.C. 2929.14(C)(4).

“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,” wrote Judge Jeffrey Welbaum on behalf of the court of appeals. “But it has no obligation to state reasons to support its findings.”

In Bittner’s case, Judge Welbaum held that the trial court considered various factors before ordering her sentences to run consecutive to each other.

“Specifically, the court considered Bittner’s prior criminal history, that she was on postrelease control at the time of her forgery offenses and that the victims of her forgery offenses suffered serious economic harm,” Judge Welbaum wrote. “The court also questioned the sincerity of Bittner’s remorse and that she exhibited a moderate risk of recidivism.”

Additionally, the trial court made consecutive-sentence findings in Bittner’s sentencing entry.

It specifically stated that “consecutive sentences are necessary to protect the public form future crime and to punish the offender.”

“Consecutive sentences are not disproportionate to the seriousness of the defendant’s conduct and to the danger the defendant poses to the public,” the trial court continued.

The appellate panel held that the trial court’s language at the hearing and in its sentencing entry established that it made all the required findings under R.C. 2929.14.

‘We do not clearly and convincingly find that the record does not support the trial court’s consecutive-sentence findings,” Judge Welbaum concluded. “Furthermore, we do not clearly and convincingly find that Bittner’s sentence is otherwise contrary to law.”

The appellate panel also noted that Bittner’s two 11-month prison terms fell within the prescribed statutory range for fifth-degree forgery offenses.

Judges Michael Hall and Mary Donovan joined Judge Welbaum to form the majority and affirm the judgment of the Clark County court.

The case is cited State v. Bittner, 2014-Ohio-3433.

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