State v. Tittle, Unpublished Decision (7-28-2003)
State v. Tittle, Unpublished Decision (7-28-2003)
Opinion of the Court
{¶ 2} In February 1999, appellant lived with the victim, ("B.C."), and her mother, in Blanchester, Ohio. During this time, appellant abused several minor girls and was subsequently charged with and convicted of compelling prostitution, and was sentenced to a prison term. Those charges did not involve any abuse against B.C.
{¶ 3} Between February 1, 1999 and March 31, 1999, appellant had sexual intercourse with B.C. She was then 15 years old. B.C. became pregnant and gave birth the following November. Although he initially denied that he could have fathered the child, DNA analysis established that appellant was the baby's father. Appellant was charged with corruption of a minor. He pled no contest, was convicted, and sentenced to the maximum prison term. He appeals, raising a single assignment of error:
{¶ 4} "THE TRIAL COURT ABUSED ITS DISCRETION IN SENTENCING DEFENDANT, ON A NO-CONTEST PLEA, TO THE MAXIMUM TERM FOR AN OFFENSE THAT WAS COMMITTED AT THE SAME TIME AS OTHER CRIMES FOR WHICH DEFENDANT HAD ALREADY SERVED A 3 YEAR PRISON TERM."
{¶ 5} An appellate court may not disturb a sentence imposed by a trial court unless it finds by clear and convincing evidence that the sentence is not supported by the record or is contrary to law or statute. R.C.
{¶ 6} Appellant first contends that the trial court erred by sentencing him to a prison term greater than the minimum sentence provided by statute. He argues that at the time he committed the offense, he had not previously served a prison term and therefore, the trial court should have imposed the minimum prison sentence pursuant to R.C.
{¶ 7} This statute states: "Except as provided in division (C),
(D)(1), (D)(2), (D)(3), or (G) of this section, in section
{¶ 8} Although the trial court sentenced appellant to more than the minimum, R.C.
{¶ 9} A well-established rule of construction is that "`in looking to the face of a statute or Act to determine legislative intent, significance and effect should be accorded to every word, phrase, sentence and part thereof, if possible.'" KeyCorp v. Tracy,
{¶ 10} Appellant further contends that the trial court erred by imposing the maximum prison sentence.
{¶ 11} A trial court may impose the maximum term upon an offender only if the trial court finds on the record that the offender "committed the worst forms of the offense," or that the offender "pose[s] the greatest likelihood of committing future crimes." R.C.
{¶ 12} The trial court found both that appellant committed one of the worst forms of the offense and that he posed a great likelihood of committing future crimes. In support of these findings, the trial court noted that appellant, then 45 years old, failed to show remorse for his conduct, instead insisting that the 15-year-old, mentally impaired victim facilitated the offense. The court noted appellant's prior convictions for sexual offenses against minors. And, not least of all, the court considered the resulting pregnancy and the physical trauma and emotional harm it caused the victim.
{¶ 13} Appellant argues that these facts do not support a finding that he committed the worst form of the offense. In his appellate brief, he describes other scenarios he can imagine which he considers worse than the facts of this case (a younger victim, for example). However, this court has repeatedly stated that the trial court is not required to compare the defendant's conduct to some hypothetical worst-case form of the offense. See, e.g., Boshko,
{¶ 14} Having reviewed the record, we find there was a sufficient basis for the trial court to find that appellant committed the worst form of the offense and that he poses the greatest risk of recidivism. Accordingly, the assignment of error is overruled.
Judgment affirmed.
YOUNG, P.J., and POWELL, J., concur.
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