State v. Hickman, Unpublished Decision (3-21-2002)
State v. Hickman, Unpublished Decision (3-21-2002)
Opinion of the Court
OPINION
Defendant-appellant, William J. Hickman, appeals from a judgment of the Franklin County Court of Common Pleas finding him to be a sexual predator pursuant to R.C. Chapter 2950. Defendant assigns a single error:THE TRIAL COURT ERRED IN FINDING APPELLANT TO BE A SEXUAL PREDATOR.
Because the trial court's determination that defendant is a sexual predator is supported by clear and convincing evidence in the record, we affirm the judgment of the trial court.
In an indictment filed in 1972, defendant was charged with five counts of rape, two counts of burglary, one count of armed robbery, and one count of abduction for immoral purposes. The charged rapes involved five different women, apparently college age, over an eight-month period in 1972. On April 11, 1973, defendant entered guilty pleas to two counts of rape, one count of burglary, and one count of abduction; the rapes and abduction involved three different victims. The state dismissed the remaining counts. The trial court sentenced defendant to concurrent terms of three to twenty years on each of the rape counts to be served consecutively to concurrent terms of five to thirty years on the burglary and abduction offenses, for a total sentence of eight to fifty years of imprisonment.
Defendant was released on parole in October 1980, but he returned to prison in June 1981 when his parole was revoked because he urinated on a car occupied by a female. Defendant again was released on parole in 1984 but returned to prison in 1985 for a parole violation because he exposed himself to two women and inappropriately grabbed one of them. Defendant has remained in prison since 1985.
On June 18, 2001, the trial court conducted a hearing under former R.C.
On appeal, defendant contends the trial court's sexual predator finding ignored key factors, such as defendant's "advanced" age at the time of the hearing and his completion of an intensive sexual offender treatment program.
Pursuant to former R.C.
In examining the factors set forth in former R.C.
The psychological evaluations of defendant indicate he is not mentally ill; however, the evaluations diagnose defendant with a personality disorder and note defendant's sexual sadism and ingrained sexual addiction that need extensive treatment. R.C.
Most significantly, the pre-parole clinical risk assessment report dated April 13, 1999, concludes that defendant:
[P]resents a number of risk factors associated with sexual re-offending. *** He has been diagnosed as a Personality Disorder with Narcissistic Features in previous evaluations. *** Inmate Hickman displays a pattern which places him into a group of offenders who represent an increased risk for sexual re-offending. With the passage of time out of incarceration, the risk of re-offending tends to increase. (Report, 2.)
Defendant points to his participation in the Polaris Program for sexual offenders in 1987 as a reason he should not be declared a sexual predator. While defendant's participation in the sexual offender treatment program in 1987 is commendable, it does not negate the other sufficient evidence supporting the trial court's finding defendant to be a sexual predator. State v. Golden (July 17, 2001), Franklin App. No. 00AP-1247, unreported; State v. Jones (June 13, 2000), Franklin App. No. 99AP-902, unreported; State v. Sturgill (May 4, 1999), Franklin App. No. 98AP-979, unreported. Moreover, although an examiner in 1993 noted that defendant's sexual addiction is an ingrained condition requiring extensive treatment, defendant declined to participate in an additional sexual offender treatment program offered in 1993.
Given the foregoing, the record contains sufficient clear and convincing evidence to support the trial court's finding of defendant as a sexual predator under R.C.
Judgment affirmed.
LAZARUS and PETREE, JJ., concur.
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