State v. Haugabook, Unpublished Decision (3-8-2000)
State v. Haugabook, Unpublished Decision (3-8-2000)
Opinion of the Court
In his single assignment of error, the defendant-appellant, Dwayne Haugabook, challenges the trial court's determination, following a hearing, that he is a sexual predator under the criteria set forth in R.C.
Haugabook testified at the hearing that he was twenty-seven years old and heavily under the influence of marijuana and cocaine at the time of the rape. He testified that he did not know the victim. He testified also that since entering the correctional system in July of 1988 he had only recently undertaken (due to unavailability) a three-year program for sexual addiction. The state presented evidence of Haugabook's prior record, which was minor save for a previous burglary conviction, and a transcription of the grand-jury testimony.
The youthful age of the victim, and the display of cruelty inherent in Haugabook's use of a butcher knife, as well as the express threat to kill the victim unless she cooperated, combined with the predatory aspects of the early morning entry into the home of a stranger, are all sufficient, in our view, to produce a firm belief or conviction that Haugabook is likely to commit another sexual offense. Consequently, we hold that the trial court could have properly found by clear and convincing evidence that Haugabook is a sexual predator. R.C.
Therefore, the judgment of the trial court is affirmed.
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
DOAN, P.J., GORMAN and SHANNON, JJ.
Raymond E. Shannon, retired, from the First Appellate District, sitting by assignment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.