State v. Siford, Unpublished Decision (3-28-2003)
State v. Siford, Unpublished Decision (3-28-2003)
Opinion of the Court
{¶ 2} On January 2, 2002, appellant, a nineteen year-old male, was charged with, and pleaded guilty to, one count of unlawful sexual conduct with a minor, a felony of the fourth degree, in violation of R.C.
{¶ 3} The record indicates that eight days after the "no-contact" order was issued, appellant again engaged in unlawful sexual intercourse, once on January 10, 2002, and again on January 11, 2002, with the same victim involved in the January 2, 2002 sexual conduct charge. On January 22, 2002, appellee filed a motion to revoke appellant's bond, alleging that appellant had violated the trial court's no-contact order. More specifically, appellee alleged that appellant engaged in two additional instances of sexual intercourse with the original victim. As a result, appellant was charged with two additional counts of unlawful sexual conduct with a minor on January 30, 2002. Appellant also pleaded guilty to these additional charges on January 30, 2002.
{¶ 4} On February 28, 2002, the trial court held a sexual predator hearing and found appellant to be a sexual predator pursuant to R.C.
{¶ 5} "[1.] The trial court's determination that Defendant is a sexual predator is against the manifest weight of the evidence."
{¶ 6} A trial court's sexual predator determination will not be reversed by an appellate court unless the manifest weight of the evidence fails to support the trial court's decision. State v. Cook,
{¶ 7} R.C.
{¶ 8} In making this determination, the trial court must consider all relevant factors, including, but not limited to, all of the following: (a) the offender's age; (b) prior criminal record; (c) the age of the victim of the sexually oriented offense; (d) whether the sexually oriented offense involved multiple victims; (e) whether the offender used drugs or alcohol to impair the victim or prevent the victim from resisting; (f) if the offender previously had 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 sex offenders; (g) any mental illness or mental disability of the offender; (h) the nature of the offender's sexual conduct, contact, or interaction in a sexual context with the victim was part of a demonstrated pattern of abuse; (i) whether the offender, during the commission of the offense, displayed cruelty or threatened cruelty; and (j) any additional behavioral characteristics that contribute to the offender's conduct. R.C.
{¶ 9} In relation to the above-mentioned factors, appellant argues that the trial court failed to properly consider appellant was involved in a nine month "relationship" with the victim, had no prior criminal record, and made no threats of cruelty towards the victim. We disagree with appellant.
{¶ 10} A trial court is not required to find that a majority of the factors set forth in R.C.
{¶ 11} In its judgment entry, the trial court addressed each and every one of the factors listed in R.C.
{¶ 12} Appellant was also evaluated by Dr. John Fabian, a clinical psychologist, who stated: "The defendant has shown that he is at risk to commit future inappropriate sexual offending behaviors with this victim giving [sic] a lack of supervision within his mother's home while on bond. *** there was some indication that there was another possible victim in the past and [appellant] is at risk to commit future inappropriate acts with youth younger than him."
{¶ 13} The record indicates that after appellant pled guilty to the first unlawful sexual conduct charge, a no-contact order was issued. The record also indicates that only eight days after the no-contact order was issued, appellant violated the order twice. The evidence presented at trial reveals appellant lied several times during the presentation of his testimony, only to subsequently admit to having had unlawful sexual intercourse with the victim on at least three occasions.
{¶ 14} This court has thoroughly reviewed the record before us. The trial court found that appellant was prone to deceit, had pleaded guilty to three prior sexually oriented offenses, and was likely to engage in future acts of sexual misconduct with minors. The trial court also found that appellant possessed a fundamental lack of respect for the law in the fact that he directly violated a no-contact order days after it was issued. Additionally, the pre-sentence investigation report indicates that appellant is at risk to commit future unlawful sexual acts with minors. Based on the record before us, we hold that the trial court's sexual predator determination was not against the manifest weight of the evidence. Appellant's sole assignment of error is without merit.
{¶ 15} For the foregoing reasons, the decision of the Geauga County Court of Common Pleas is hereby affirmed.
JUDITH A. CHRISTLEY and CYNTHIA WESTCOTT RICE, JJ., concur.
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