State v. McCullough, Unpublished Decision (10-15-2001)
State v. McCullough, Unpublished Decision (10-15-2001)
Opinion of the Court
McCullough pleaded guilty to one count of corruption of a minor. McCullough, who was nineteen at the time of the offense, provided alcohol and marijuana to a fourteen-year-old girl and later engaged in sexual conduct with the child. During a hearing conducted pursuant to R.C.
On appeal, McCullough claims the trial court erred by classifying him as a sexual predator. The specific issue to be decided herein is whether the trial court erred in concluding that McCullough was likely to commit one or more sexually-oriented offenses in the future.
In determining whether an offender is a sexual predator, the trial court must find, by clear and convincing evidence, that an individual has been convicted of or pleaded guilty to committing a sexually-oriented offense and is likely to engage in the future in one or more sexually-oriented offenses. State v. Lamberson (Mar. 19, 2001), Madison App. No. CA2000-09-012, unreported, at 28; R.C.
McCullough does not dispute that he committed a sexually-oriented offense. Rather, he argues there is no clear and convincing evidence that he is likely to engage in one or more sexually-oriented offenses in the future.
In making its determination, the trial court examines the factors enumerated in R.C.
Accordingly, the trial court may examine the subject's past behavior, is not required to find that the evidence presented supports a majority of the factors listed in R.C.
In making its determination, the trial court considered the following factors: McCullough's age (R.C.
The trial court concluded that these combined factors establish the likelihood that McCullough will commit one or more sexually-oriented offenses in the future. Having reviewed the record, we conclude that the trial court's classification of McCullough as a sexual predator is supported by clear and convincing evidence. See Smith.
For these reasons, McCullough's sole assignment of error is overruled and the judgment of the trial court is hereby affirmed.
YOUNG, P.J., and VALEN, J., concur.
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