State v. Sees, Unpublished Decision (1-22-2003)
State v. Sees, Unpublished Decision (1-22-2003)
Opinion of the Court
This cause was heard upon the record in the trial court. Each error assigned has been reviewed and the following disposition is made:
{¶ 1} Appellant, Daniel Brian Sees, appeals the decision of the Summit County Court of Common Pleas that designated him a sexual predator pursuant to R.C.
{¶ 3} Appellant pled guilty to all charges. Upon receipt of a recommendation from the Department of Rehabilitation and Correction, the trial court conducted a sexual offender classification hearing pursuant to R.C.
{¶ 5} In appellant's first assignment of error, he argues that his classification as a sexual predator was not supported by clear and convincing evidence. This Court disagrees.
{¶ 6} In discussing the appropriate standard of review to be applied in sexual predator adjudications, this Court stated:
{¶ 7} "The appropriate standard of review to be applied in sexual predator adjudications is the clearly erroneous standard. That is, a sexual predator adjudication will not be reversed if there is "some competent, credible evidence" to support the trial court's determination. See State v. Groves, 7th Dist. No. 853, 2002-Ohio-5245, at ¶ 41 ("We will not reverse a trial court's determination that an offender is a sexual predator if some competent credible evidence supports it. This deferential standard of review applies even though the state must prove that the offender is a sexual predator by clear and convincing evidence." (Citations omitted.)); State v. Gibson, 4th Dist. No. 01 CA19, 2002-Ohio-5232, ¶ 9.
{¶ 8} "***
{¶ 9} "In sum, when applying the clearly erroneous standard of review to sexual predator adjudications, this Court must determine whether there exists some competent, credible evidence in the record that would clearly and convincingly support a conclusion that a defendant is likely to commit another sexual offense." State v. Unrue, 9th Dist. No. 21105, 2002-Ohio-7002, at ¶ 6-¶ 10.
{¶ 10} R.C.
{¶ 11} In determining whether an offender is likely to commit another sexually oriented offense, R.C.
{¶ 12} The offender's *** age;
{¶ 13} The offender's *** prior criminal or delinquency record regarding all offenses, including, but not limited to, all sexual offenses;
{¶ 14} The age of the victim of the sexually oriented offense for which sentence is to be imposed or the order of disposition is to be made;
{¶ 15} Whether the sexually oriented offense for which sentence is to be imposed or the order of disposition is to be made involved multiple victims;
{¶ 16} Whether the offender *** used drugs or alcohol to impair the victim of the sexually oriented offense or to prevent the victim from resisting;
{¶ 17} If the offender *** previously has been convicted of or pleaded guilty to, *** a criminal offense, whether the offender *** completed any sentence or dispositional order imposed for the prior offense or act and, if the prior offense or act was a sex offense or a sexually oriented offense, whether the offender *** participated in available programs for sexual offenders;
{¶ 18} Any mental illness or mental disability of the offender ***;
{¶ 19} 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;
{¶ 20} Whether the offender ***, during the commission of the sexually oriented offense for which sentence is to be imposed or the order of disposition is to be made, displayed cruelty or made one or more threats of cruelty;
{¶ 21} Any additional behavioral characteristics that contribute to the offender's *** conduct.
{¶ 22} In this case, appellant contends that the trial court erred by adjudicating him a sexual predator. He bases this argument on the fact the trial court did not discuss each of the factors set forth in R.C.
{¶ 23} During the sexual predator hearing, the trial court discussed the factors listed in R.C.
{¶ 24} Another factor the court applied in its analysis was the nature of appellant's sexual contact with the victim and his display of cruelty. See R.C.
{¶ 25} During the different assaults on the victim, appellant had shaken her on more than one occasion, which caused the child's retina to become detached. Ultimately, the child died as a result of the injuries inflicted upon her at the hands of appellant.
BAIRD, P.J. and WHITMORE, J. CONCUR.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.