COURT OF APPEALS Man's sentence is canceled

The sentences were handed down more than a year ago.
YOUNGSTOWN -- The 7th District Court of Appeals has canceled the five-year sentence given to a Youngstown man because of errors made by the trial court.
The court agreed with the appeal made by Jerome D. Christian Sr., 49, formerly of McGuffey Road, that his sentence on five counts of receiving stolen property must be vacated because Judge R. Scott Krichbaum failed to consider statutory factors for imposing maximum sentences, and he also failed to specify whether the prison terms were to be served concurrently or consecutively.
Christian's lawyer on appeal was Atty. Sarah T. Kovoor of Warren.
Christian originally was charged with five counts each of receiving stolen property and forgery. A plea bargain eliminated the forgery charges.
On April 8, 2004, Judge Krichbaum sentenced Christian to serve one year on each of the five receiving stolen property counts and ordered him to make restitution of $240 to the victim. The one-year terms were the maximum punishment for the crimes.
The appellate court said the judge, at sentencing, made no mention as to whether the terms would be served concurrently or consecutively, and that he failed to follow the statutory requirements for imposing maximum sentences.
The appellate opinion, written by Judge Cheryl L. Waite, said the Ohio Supreme Court has held that trial courts must make findings and supporting reasons on the record to support imposing maximum prison terms and do likewise for imposing consecutive sentences.
The appellate court also noted the county prosecutor's office, representing the state, did not file a brief on appeal and noted the matter should be sent back to the trial court for resentencing.