State v. Ingram, Unpublished Decision (5-11-2001)
State v. Ingram, Unpublished Decision (5-11-2001)
Opinion of the Court
At an October 6, 2000, classification hearing, Common Pleas Court Judge Frederick J. Cartolano found that Ingram was a sexual predator. See R.C.
At the hearing before Judge Cartolano, who had also accepted Ingram's plea and entered sentence, the state offered into evidence the indictment and judgment entry from the earlier offenses, the grand-jury testimony of the two victims and of the arresting officer, and a psychiatric evaluation of Ingram conducted at the time of his plea, which indicated that Ingram felt "overwhelmed" by sexual urges. As proof of his claim that he had been rehabilitated, Ingram offered documentary evidence of his completion of the Magellan sexual-offender program, and testified under oath that he had completed his high-school equivalency and a college-degree program during his incarceration. See State v. Pryor (Mar. 10, 2000), Hamilton App. No. C-990497, unreported.
As contemplated by the statutory scheme and by the Ohio Supreme Court's recent decision in State v. Eppinger (2001),
Here, Judge Cartolano created a more than ample record for appellate review. By receiving documentary evidence and sworn testimony and stating that he had reviewed the transcript of the earlier proceedings, Judge Cartolano made the kind of record expected for a sexual-offender-classification hearing. See State v. Eppinger,
R.C.
The offender's age;
The offender's prior criminal record regarding all offenses, including, but not limited to, all sexual offenses;
The age of the victim of the sexually oriented offense for which sentence is to be imposed;
Whether the sexually oriented offense for which sentence is to be imposed involved multiple victims;
Whether the offender used drugs or alcohol to impair the victim of the sexually oriented offense or to prevent the victim from resisting;
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;
Any mental illness or mental disability of the offender;
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;
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;
Any additional behavioral characteristics that contribute to the offender's conduct.
In the transcript of the proceedings and the judgment entry adjudicating Ingram a sexual predator, Judge Cartolano identified those specific factors that were present in the record. He recited into the record and noted on his entry that Ingram was a multiple sexual offender, having on two occasions attacked and raped or attempted to rape two separate adult females by the use of force and threats of death if they resisted or reported him. See R.C.
After reviewing the record, we are persuaded that Judge Cartolano reviewed the record of the guilty plea, the competency evaluation, Ingram's prior record, and Ingram's evidence. We hold that the Judge Cartolano had sufficient evidentiary material before him, including evidence of the two sexually-oriented convictions, to produce a firm belief or conviction that Ingram "is likely to engage in one or more sexually oriented offenses sometime in the future." R.C.
Therefore, the judgment of the trial court is affirmed.
Gorman, P.J., Doan and Shannon, JJ.
Raymond E. Shannon, retired, from the First Appellate District, sitting by assignment.
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