State v. Calaway, Unpublished Decision (5-26-2000)
State v. Calaway, Unpublished Decision (5-26-2000)
Opinion of the Court
Appellant sets forth the following assignments of error:
"First Assignment of Error
"Pursuant to the Ohio Constitution, R.C. §
2950.01 Et. Seq. is Unconstitutional.
"Second Assignment of Error
"The Trial Court's Determination that Defendant-Appellant is a Sexual Predator is not Supported by Clear and Convincing Evidence."
The facts that are relevant to the issues raised on appeal are as follows. On November 10, 1998, appellant was indicted on one count of corruption of a minor in violation of R.C.
In his first assignment of error, appellant asserts that R.C.
The Supreme Court of Ohio recently addressed such challenges to the constitutionality of R.C.
Accordingly, based on the law as set forth above, appellant's first assignment of error is not well-taken.
In his second assignment of error, appellant asserts that the trial court's finding that he is a sexual predator is not supported by clear and convincing evidence.
Pursuant to 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 misconduct, 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."
In order for a trial court to adjudicate an offender as a sexual predator, the court must consider the factors outlined above and the testimony and evidence presented, and determine whether there is clear and convincing evidence that the offender is a sexual predator. R.C.
The trial court indicated that it had considered the report of the Court Diagnostic and Treatment Center in making its determination that appellant is a sexual predator. The record in this case supports the trial court's finding. At the time the offense underlying this appeal was committed, appellant was twenty-five years old and the victim was fifteen. The record reveals that appellant has a history of criminal convictions involving sexual contact with underage females, including attempted rape of a fifteen-year-old female (appellant ultimately pled to corruption of a minor), and two convictions for contributing to the delinquency of a minor. Appellant also has convictions for breaking and entering, domestic violence and receiving stolen property. Appellant served sentences for all of the foregoing convictions. When he was twenty-two, appellant admitted to sexual conduct with a thirteen-year-old female but the charges brought against him were ultimately dismissed. The record does not reflect any participation in treatment programs for sex offenders. The report prepared by a clinical psychologist at the Court Diagnostic and Treatment Center indicated that because of extreme denial and/or defensiveness, appellant's overall responses to the psychological testing were not considered to be a valid reflection of his current level of psychological functioning. Upon consideration of the foregoing, this court finds that there was clear and convincing evidence before the trial court to support a finding that appellant is a sexual predator. Accordingly, appellant's second assignment of error is not well-taken.
On consideration whereof, this court finds that appellant was not prejudiced and the judgment of the Lucas County Court of Common Pleas is affirmed. Costs of this appeal are assessed to appellant.
JUDGMENT AFFIRMED. PETER M. HANDWORK, J., JUDGE, RICHARD W. KNEPPER, P.J., JUDGE, MARK L. PIETRYKOWSKI, J., JUDGE, CONCUR.
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