State v. Catalogna, Unpublished Decision (5-16-2000)
State v. Catalogna, Unpublished Decision (5-16-2000)
Opinion of the Court
OPINION
Defendant Sean M. Catalogna appeals a judgment of the Court of Common Pleas of Delaware County, Ohio, convicting and sentencing him for two counts of rape in violation of R.C.I. THE TRIAL COURT ERRED IN SENTENCING APPELLANT CONSECUTIVELY ON COUNT'S ONE AND TWO. [SIC]II. THE TRIAL COURT ERRED IN THE FINDING THAT APPELLANT WAS A SEXUAL PREDITOR [SIC].
The State alleged appellant had sexually molested his girlfriend's two children on multiple occasions when he was babysitting for them. The trial court conducted a hearing on the change of plea, and after extensive dialogue with appellant accepted appellant's guilty plea. The trial court sentenced appellant to nine years on each of the rape counts, to be served consecutively to each other, and four years on each count of gross sexual imposition, to run concurrent with the rape sentences. The trial court also adjudicated appellant a sexual predator.
(a) The offender committed the multiple offenses while the offender was awaiting trial or sentencing, was under a sanction imposed pursuant to section
2929.16 ,2929.17 , or2929.18 of the Revised Code, or was under post-release control for a prior offense.(b) The harm caused by the multiple offenses was so great or unusual that no single prison term for any of the offenses committed as part of a single course of conduct adequately reflects the seriousness of the offender's conduct.
(c) The offender's history of criminal conduct demonstrates that consecutive sentences are necessary to protect the public from future crime by the offender.
At the sentencing hearing, the trial court stated:
"* * * consecutive sentences are not, disproportionate to the seriousness of your conduct, and to the danger you pose to the public * * *"
The trial court's judgment entry of October 12, 1999, found consecutive sentences are necessary to protect the public from future crime and to punish the defendant; are not disproportionate to the seriousness of the defendant's conduct and the danger the defendant poses to the public; the harm caused to the victims, children ages 7 and 8, by the multiple offenses is so great or unusual that no single prison term for any of the offenses as part of the course of conduct adequately reflects the seriousness of defendant's conduct; and that the defendant's history of criminal conduct demonstrates consecutive sentences are necessary. Appellant had a prior conviction for gross sexual imposition. Our review of the record leads us to the conclusion appellant's sentence is not contrary to law, nor is it against the manifest weight of the evidence presented to the trial court. The first assignment of error is overruled.
(2) In making a determination under divisions (B)(1) and
(3) of this section as to whether an offender is a sexual predator, the judge shall consider all relevant factors, including, but not limited to, all of the following:
(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.
Although appellant's assignment of error is not specific, from his brief it appears he challenges the trial court's classification as being against the manifest weight of the evidence presented. In the seminal case of State v. Cook (1998),
For the foregoing reasons, the judgment of the Court of Common Pleas of Delaware County, Ohio, is affirmed, and the cause is remanded to that court for execution of sentence.
Hoffman, J., and Edwards, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.