State v. Yeagley, Unpublished Decision (9-29-1999)
State v. Yeagley, Unpublished Decision (9-29-1999)
Opinion of the Court
OPINION
Defendant Stephen J. Yeagley appeals a judgment of the Court of Common Pleas of Holmes County, Ohio, which found appellant is a sexual predator pursuant to R.C.ORC 2950. ET SEQ. VIOLATES ARTICLE I, SECTION I, OF THE OHIO CONSTITUTION AS THE SAME VIOLATES A PERSON'S INALIENABLE RIGHTS UNDER NATURAL LAW.
ASSIGNMENT OF ERROR NO. 2
THE TRIAL COURT'S FINDING THAT THE APPELLANT IS A "SEXUAL PREDATOR" UNDER ORC 2950 ET SEQ. IS NOT SUPPORTED BY CLEAR AND CONVINCING EVIDENCE.
The record indicates the trial court convicted and sentenced appellant for two counts of sexual battery in violation of R.C.
(a) The offender's age; (b) The offender's prior criminal record regarding all offenses, including, but not limited to, all sexual offenses; (c) The age of the victim of the sexually oriented offense for which sentence is to be imposed; (d) Whether the sexually oriented offense for which sentence is to be imposed involved multiple victims; (e) Whether the offender used drugs or alcohol to impair the victim of the sexually oriented offense or to prevent the victim from resisting; (f) If the offender previously has been convicted of or pleaded guilty to any criminal offense, whether the offender completed any sentence imposed for the prior offense and, if the prior offense was a sex offense or a sexually oriented offense, whether the offender participated in available programs for sexual offenders; (g) Any mental illness or mental disability of the offender; (h) The nature of the offender's sexual conduct, sexual contact, or interaction in a sexual context with the victim of the sexually oriented offense and whether the sexual conduct, sexual contact, or interaction in a sexual context was part of a demonstrated pattern of abuse; (I) Whether the offender, during the commission of the sexually oriented offense for which sentence is to be imposed, displayed cruelty or made one or more threats of cruelty; (j) Any additional behavioral characteristics that contribute to the offender's conduct.
The trial court listed the facts upon which it relied in finding appellant is a sexual predator. The court considered appellant's prior criminal record, the age of the victim, the nature of the sexual conduct with the victim, who was appellant's daughter, the demonstrated pattern of abuse as evidenced by two separate counts of sexual battery, and the fact appellant has apparently not sought counseling or treatment. The State also points out appellant attempted to blame his daughter for the assaults, and refused to accept responsibility for his actions. We have reviewed the record, and we find the trial court's judgment is supported by the weight and sufficiency of the evidence before it. The second assignment of error is overruled.
For the foregoing reasons, the judgment of the Court of Common Pleas of Holmes County, Ohio, is affirmed.
By Gwin, P.J., Farmer, J., and Edwards, J., concur
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