State v. Cowoski, Unpublished Decision (12-6-2002)
State v. Cowoski, Unpublished Decision (12-6-2002)
Opinion of the Court
{¶ 2} On January 6, 1989, the Lake County Grand Jury indicted appellant on two counts of rape, aggravated felonies of the first degree, in violation of R.C.
{¶ 3} Appellant entered a plea of guilty to both counts of rape on October 23, 1989. In a November 30, 1989 judgment entry, the trial court sentenced appellant to an indefinite prison term of ten to twenty-five years on each count, with the terms to be served concurrently.
{¶ 4} Pursuant to R.C.
{¶ 5} "The trial court's sexual predator determination is against the manifest weight of the evidence and is based on an incorrect legal standard."
{¶ 6} We do not apply a de novo standard of review when reviewing a sexual predator determination; instead, we examine whether the trial court's determination was against the manifest weight of the evidence.State v. Davis (Apr. 19, 2002), 11th Dist. No. 2000-L-190, 2002 WL 603061, at 2.
{¶ 7} Appellant argues that the trial court made the following findings: there was only a single victim; no alcohol or drugs were involved; appellant suffered from no mental illness or pathology; appellant completed a sexual offender treatment program; and, the psychological evaluations determined that appellant was at a low to moderate risk of reoffending. Appellant claims that based on the foregoing, the trial court erred in determining that he was sexual predator.
{¶ 8} In making a sexual predator determination, the trial court must identify the factors under R.C.
{¶ 9} To adjudicate a defendant as a sexual predator, the trial court need not find that a majority of these factors support such a determination; rather, the defendant may be so adjudicated even if only one or two of these factors are present, so long as the totality of the circumstances provides clear and convincing evidence that the defendant is likely to commit a sexually-oriented offense in the future. Swank, supra, citing State v. Clutter (Jan. 28, 2000), 4th Dist. No. 99CA19, 2000 WL 134730, at 3.
{¶ 10} Here, the trial court noted that appellant was nineteen years of age at the time of the offense and that the victim was four years old. The trial court also observed that appellant had no criminal record, even though there was an allegation of a sex offense when he was fourteen or fifteen years of age, which also involved a four year old boy. Further, the court referenced that appellant had pedophilic traits. Finally, the trial court considered that there was oral sexual contact with the victim and attempted escalation.
{¶ 11} After reviewing the record and weighing the evidence and all reasonable inferences therefrom, we cannot conclude that the trial court lost its way. While the psychological evaluation was of the opinion that appellant would be at low to moderate risk to commit a sexual offense in the future, the totality of the circumstances support the trial court's conclusion that appellant was a sexual predator.
{¶ 12} For the foregoing reasons, appellant's lone assignment of error is not well-taken, and the judgment of the Lake County Court of Common Pleas is affirmed.
WILLIAM M. O'NEILL, P.J., DIANE V. GRENDELL, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.