State v. Hooker, Unpublished Decision (6-30-2003)
State v. Hooker, Unpublished Decision (6-30-2003)
Opinion of the Court
The following facts are relevant to this appeal. On November 2, 2001, appellant was indicted on four counts of rape in violation of R.C.
{¶ 2} In March 2002, after several continuances, appellant withdrew his previously entered not guilty pleas and entered a plea of guilty pursuant to North Carolina v. Alfred (1970),
{¶ 3} Appellant sets forth the following two assignments of error:
{¶ 4} "Assignments Of Error
{¶ 5} "First Assignment Of Error
{¶ 6} "The Trial Court Erred In Conducting A Hearing To Classify Mr. Hooker As A `Sexual Predator' After It Sentenced Mr. Hooker.
"Second Assignment Of Error
{¶ 7} "The Trial Court Erred In Sentencing Mr. Hooker Where It Failed To Make The Required Findings As To Each Count For Which Mr. Hooker Was Convicted, Where The Trial Court's Sentence Was For More Than A Minimum Sentence For Each Offense And A Maximum Sentence For Each Offense."
{¶ 8} In his first assignment of error, appellant argues that the trial court erred when it conducted his classification pursuant to R.C. Chapter 2950 after he was sentenced. Appellant urges this court to reconsider its decision in State v. Fox, 6th Dist. No. L-02-1154,2003-Ohio-484. This court finds no merit in this assignment of error.
{¶ 9} Appellant's first assignment of error is found not well-taken on the authority of this court's decision in State v. Fox, 6th Dist. No. L-02-1154, 2003-Ohio-484.
{¶ 10} In his second assignment of error, appellant argues that the trial court erred in failing to make the required findings for the imposition of the maximum sentence for each rape offense and that the record does not support the trial court's finding that he be sentenced for the maximum sentence for each rape offense. This court finds no merit in this assignment of error.
{¶ 11} In State v. Seitz (2001),
{¶ 12} "In order for a court to impose the maximum sentence on an offender for a single offense, `the record must reflect that the trial court imposed the maximum sentence based on the offender satisfying one of the listed criteria in R.C.
{¶ 13} In the case sub judice, the trial court noted appellant's adjudication for five felonies as a juvenile and conviction as an adult for one felony and that appellant was on parole when the offenses at issue were committed. The trial court found that appellant had not responded favorably to previously imposed sanctions. The trial court also noted that the offenses of rape caused the victims serious physical and psychological harm and detailed the violent nature and force used by appellant in the rapes. In referring to these offenses, the trial court stated:
{¶ 14} "* * * We find that each of these offenses that were committed are-that they rise to the area of clearly the most serious type of offense that could be committed. We note that as to Count 2 and Count 8 we find that the minimum time would be inappropriate.
{¶ 15} "We further find that pursuant to
Although appellant argues that the trial court did not make the required findings for the imposition of the maximum sentence for each of the rape offenses, this court does not agree. The imposition of the maximum sentence on appellant was warranted based upon satisfaction of the second criteria: an offender who poses the greatest likelihood of committing future crimes. The greatest likelihood of recidivism was noted both at the sentencing hearing and in the judgment entry. As this court noted in Seitz,
{¶ 16} R.C.
Furthermore, in commenting on the R.C.
{¶ 17} "Where the reasons required to be given by R.C.
{¶ 18} Upon review of the sentencing hearing and the court's judgment entry and the application of the above law, this court finds the trial court made the requisite findings on the record when sentencing appellant to the maximum prison term for each count of rape. Accordingly, appellant's second assignment of error is found not well-taken.
{¶ 19} The judgment of the Lucas County Court of Common Pleas is affirmed. Costs assessed to appellant.
Peter M. Handwork, P.J., Richard W. Knepper, J., and Arlene Singer,J., CONCUR.
"The court shall impose a sentence and make a finding that gives its reasons for selecting the sentence imposed in any of the following circumstances: "* * * "(d) If the sentence is for one offense and it imposes a prison term for the offense that is the maximum prison term allowed for that offense by division (A) of section
Case-law data current through December 31, 2025. Source: CourtListener bulk data.