Selway v. State
Selway v. State
Opinion of the Court
Gary S. Selway appeals an order denying his motion to correct sentence. We affirm.
In April 1994, Selway was convicted of aggravated battery and armed trespass in a structure. At sentencing, utilizing an Ohio sexual battery conviction as a predicate, the court classified and sentenced Selway as a habitual violent felony offender. On numerous occasions, Selway has filed 3.800 motions contending that he is entitled to relief because the Ohio sexual battery statute
In March 2001, Selway filed another motion to correct sentence. At the hearing,
On appeal, Selway argues that Rager holds that the Ohio and Florida sexual battery statutes are not analogous. We disagree. In Rager, while we stated that the fact-specific nature of Florida’s sexual battery statute prevented an analogy being drawn between Ohio’s code and any specific Florida subsection regarding felony degrees and different offense levels, we also stated that the two states’ general proscriptions against sexual conduct and sexual battery were analogous. Rager, 720 So.2d at 1136. Furthermore, this court noted:
Penetration is a necessary element of Ohio’s sexual battery statute; it is not a necessary element in Florida ... This difference would not preclude finding the Florida sexual battery statute analogous because the element of penetration is one of the alternatives in Florida’s sexual battery statutes.
Id. at n. 2 (emphasis added). Because we find that the Ohio and Florida sexual battery statutes are analogous under these circumstances, we affirm.
AFFIRMED.
. § 2907.03 Oh. Stal.
. § 794.011 Fla. Stat.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.