State v. Weber, Unpublished Decision (10-8-2004)
State v. Weber, Unpublished Decision (10-8-2004)
Opinion of the Court
{¶ 2} On June 17, 2003, a caseworker from Job and Family Services contacted the Fulton County Sheriff's Office about a 15 year old boy who alleged that he had been sexually molested by appellant, Kenneth A. Weber.
{¶ 3} On June 24, 2003, a sheriff's deputy interviewed appellant. Appellant initially told the deputy that the boy was his former neighbor and he did not recall the incident. After a lengthy interview, appellant admitted the allegation.
{¶ 4} On July 16, 2003, appellant was indicted by the Fulton County Grand Jury on three counts of unlawful sexual conduct with a minor in violation of R.C.
{¶ 5} Appellant pled not guilty, but later withdrew the plea and pled guilty to two counts of unlawful sexual conduct with a minor. The court accepted the plea and ordered a pre-sentence investigation.
{¶ 6} The court sentenced appellant to three years incarceration for each count to be served consecutively. Appellant now appeals, setting forth the following assignments of error:
{¶ 7} "I. The trial court erred in imposing consecutive sentences on the Defendant, against the manifest weight of the evidence and contrary to law.
{¶ 8} "II. The trial court failed to make a finding that Defendant's sentence is consistent with similarly situated offenders."
{¶ 10} When imposing consecutive sentences, a trial court is required to make findings and give reasons supporting the findings at the sentencing hearing. State v. Comer (2003),
{¶ 11} Pursuant to R.C.
{¶ 12} In this case, the court found consecutive sentences were appropriate in order to protect the public from future harm. Also, the court found consecutive imprisonment terms were proportionate to the seriousness of appellant's conduct. Finally, the court found the multiple offenses were so great or unusual that no single prison term reflected the seriousness of appellant's conduct. These findings are supported by the record. The court stated its reasons at the sentencing hearing regarding appellant's lack of responsibility, the age of the child, the harm caused by appellant, and appellant's relationship to the child.
{¶ 13} In sentencing appellant to consecutive sentences, the judge stated, "I have read [the pre-sentence] report with some care and I have read your statement as well. And you seem to indicate that this is something that just kind of happened, but I believe that there is frankly a lot more that happened here. And you were the adult, and you should not have allowed yourself to get in this situation where you couldn't control yourself, and that certainly happened here; and some people got hurt."
{¶ 14} Moreover, the judge said, "the Court's findings are premised upon the injury being exacerbated due to the condition and age of the minor child or victim — who is the victim in this case. That victim did suffer serious physical, psychological, or economic harm. The child having — is currently being involved in counseling. Further there being a relationship with the victim that did facilitate the offense." Accordingly, appellant's first assignment of error is found not well-taken.
{¶ 16} Pursuant to R.C.
On consideration, the judgment of the Fulton County Court of Common Pleas is affirmed. Pursuant to App.R. 24, costs assessed to appellant.
Judgment Affirmed.
A certified copy of this entry shall constitute the mandate pursuant to App.R. 27. See, also, 6th Dist.Loc.App.R. 4, amended 1/1/98.
Knepper, J., Lanzinger, J., Singer, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.