COURT OF APPEALS Man's sentence for obscenity overturned

The trial court failed to make a finding for consecutive sentences.
YOUNGSTOWN -- The 7th District Court of Appeals has reversed the sentence of a Boardman man in prison for pandering obscenity involving a minor.
The court ruled this week that Judge James C. Evans of Mahoning County Common Pleas Court erred when he sentenced Jon Scott Bloyer, 45, of Sigle Lane, to consecutive sentences.
The case has been sent back to the judge for further proceedings and resentencing.
Bloyer pleaded guilty to two counts of pandering obscenity involving a minor in March 2004. At Bloyer's sentencing in April 2004, Judge Evans said Bloyer's track record indicated that if given a chance, he would likely offend again.
Bloyer was a former volunteer announcer for the Boardman Little Spartans football program.
Consecutive sentences
The judge stacked a one-year prison sentence back-to-back with one Bloyer already was serving from Trumbull County for similar charges.
The defense lawyers, J. Alan Matavich and George R. Kalafut, contended that a court may not impose consecutive sentences unless the court finds three factors. If the trial court determines those factors exist, the court must make a finding that gives its reasons for imposing the consecutive sentences, they argued.
While Judge Evans explained on the record that Bloyer was more likely to commit the same crime, "the trial court failed to make one of the requisite findings ... at the sentencing hearing," the appellate court ruled.
The court added the judge never mentioned whether consecutive sentences were "proportionate to the seriousness of the offender's conduct."
The appellate court said that finding must be made on the record at the time of sentencing. Because it was not, the appellate court sent the matter back to Judge Evans.