State v. Gilbert, Unpublished Decision (3-24-2003)
State v. Gilbert, Unpublished Decision (3-24-2003)
Opinion of the Court
{¶ 2} For the reasons that follow, we disagree with appellant's arguments and affirm the judgment of the trial court.
{¶ 4} Prior to the girl's return home, her mother had called the Pickaway County Sheriff's Department and reported that her daughter had left home sometime during the night. After making the report, the girl arrived home and told her mother where she had been the night before. The girl also informed her mother that she had engaged in sexual intercourse with appellant.
{¶ 5} Subsequently, the Pickaway County Sheriff's Department interviewed appellant. Appellant admitted meeting the fourteen-year-old girl over the Internet and in person. Eventually, appellant also admitted to having sexual intercourse with the girl after she had informed him that she was in fact fourteen years old. The Pickaway County Grand Jury indicted appellant on one count of unlawful sexual conduct with a minor, a fourth-degree felony in violation of R.C.
{¶ 6} The trial court accepted appellant's guilty plea, and subsequently held a sentencing and sexual predator classification hearing. Appellant was sentenced to the maximum sentence allowable, eighteen months. The trial court also found by clear and convincing evidence that appellant is a sexual predator.
{¶ 8} First Assignment of Error: "The Pickaway County Common Pleas Court erred in sentencing appellant to eighteen (18) months in prison."
{¶ 9} Second Assignment of Error: "The Pickaway County Common Pleas Court erred in adjudicating and classifying appellant a sexual predator."
{¶ 11} The record indicates that appellant requested that a transcript of the sentencing and sexual predator classification hearing be transmitted to this Court as a part of the record. Nevertheless, a transcript of the sentencing and sexual predator classification hearing was not included as a part of the record, and appellant did not supplement the record with a transcript or a statement pursuant to App.R. 9(C) or (D).
{¶ 12} In his First Assignment of Error, appellant argues that the trial court erred by imposing the maximum sentence permitted by law. In appellant's Second Assignment of Error, he argues that the trial court erred by classifying him as a sexual predator pursuant to R.C.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
It is further ordered that a special mandate issue out of this Court directing the PICKAWAY COUNTY COURT OF COMMON PLEAS to carry this judgment into execution.
IF A STAY OF EXECUTION OF SENTENCE AND RELEASE UPON BAIL HAS BEENPREVIOUSLY GRANTED BY THE TRIAL COURT OR THIS COURT, IT IS TEMPORARILYCONTINUED FOR A PERIOD NOT TO EXCEED SIXTY (60) DAYS UPON THE BAILPREVIOUSLY POSTED. The purpose of the continued stay is to allow appellant to file with the Supreme Court of Ohio an application for stay during the pendency of proceedings in that court.
If a stay is continued by this entry, it will terminate at the earlier of the expiration of the sixty day period, or the failure of appellant to file a notice of appeal with the Supreme Court of Ohio within the forty-five (45) day appeal period pursuant to Rule II, Sec. 2 of the Rules of Practice of the Supreme Court of Ohio. Additionally, if the Supreme Court of Ohio dismisses the appeal prior to the expiration of the sixty days, the stay will terminate as of the date of such dismissal.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure. Exceptions.
Abele, J., and Kline, J.: Concur in Judgment Only.
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