State v. Baker, Unpublished Decision (10-29-2004)
State v. Baker, Unpublished Decision (10-29-2004)
Opinion of the Court
{¶ 2} On May 15, 2003, Baker was indicted on two counts of gross sexual imposition in violation of R.C.
{¶ 3} Baker raises the following assignment of error:
{¶ 4} "Appellant states that trial court erred in imposing the maximum sentence."
{¶ 5} Baker argues that the trial court imposition of the maximum sentence upon him is contrary to the law. We disagree.
{¶ 6} A maximum sentence may be appealed pursuant to R.C.
{¶ 7} In determining whether a sentence is "contrary to law", we have defined that term as meaning:
{¶ 8} "that a sentencing decision manifestly ignores an issue or factor which a statute requires a court to consider. Griffen and Katz, Ohio Felony Sentencing Law (2002 Ed.), § T 9.7 `Where a sentencing court fails to make findings required in R.C.
{¶ 9} In regard to maximum sentences, R.C.
{¶ 10} In State v. Comer,
{¶ 11} At the sentencing hearing, the trial court made the following statements, explaining the imposition of the maximum sentence for Baker.
{¶ 12} "Longest term is imposed because overall the Court believes the Defendant committed the [worst] form of the offenses given the relationship between the Defendant and the victim.
{¶ 13} "The Court finds that the Defendant poses the greatest likelihood of committing future crimes.
{¶ 14} "[The trial court then proceeded to make several findings about the severity of the underlying crime, noting that Baker physically harmed the victim in committing this sex offense and that he used his custodial relationship with the victim to facilitate the offense. Moreover, the trial court noted the victim's young age and mental condition and the psychological harm inflicted upon her as a result of Baker's actions.]
{¶ 15} "The Court finds that the Defendant has a history of criminal convictions and juvenile delinquency. The Defendant has not responded [favorably] to sanctions previously imposed in adult and juvenile court.
{¶ 16} "The Court finds that the Defendant shows no genuine remorse.
{¶ 17} "The reasons for establishing the prison sentence more than — the prison sentence for the maximum sentence the Court finds that the facts established by the Defendant's conduct seriously outweigh the factors that show his conduct to be less serious.
{¶ 18} "The Court finds that recidivism is clearly more likely, established by the facts and factors established by the Court.
{¶ 19} "[The trial court then proceeded to summarize Baker's lengthy and violent criminal history. The trial court further noted that Baker's refusal to follow orders and his increasingly serious criminal record, created doubt about whether Baker is able to be rehabilitated.]
{¶ 20} "The Court finds that the Defendant has made threats of physical violence against the victim and the victim's family.
{¶ 21} "* * *
{¶ 22} "The Court believes that Ohio Supreme Court requires to make all of these findings and that's the reasons for these findings at the time of the hearing rather than at a later time. The Court adopts the information presented by the Prosecutor here in Court." (Tr. 11-13.)
{¶ 23} Previously in the sentencing hearing, the prosecutor had spoken regarding the PSI report submitted to the court. (Tr. 2-9.) Specifically, the prosecutor spoke of the victim's family's history of abuse, Baker's denial of his previous admissions of inappropriate sexual behavior, and Baker's mocking responses to the PSI. (Id. 2-5.) Moreover, the prosecutor reiterated Baker's threats of violence towards the victim's mother if she gives up custody of their child, despite the victim's mother's history of poor parenting and abuse. (Id. 3-5.) Additionally, the prosecutor reiterated Baker's lengthy criminal history, and in particular his history of violence and improper behavior with minors. (Id. 5-7.) The prosecutor stated that Baker had a high rate of recidivism due to his criminal history, his lack of remorse, and his mocking disdain for the system demonstrated by the PSI. (Id. 7-8.) As a result of his high recidivism rate, the prosecutor urged the court to impose a severe punishment, including consecutive sentences. (Id.)
{¶ 24} Having reviewed the trial court's remarks, we find that the court complied with Comer. The trial court made the statutorily required findings, in particular that Baker committed the worst form of the offense and posed the greatest likelihood of committing future crimes. Additionally, the trial court gave its reasons for those findings, which were supported by clear and convincing evidence in the PSI. Thus, we can find no error in the trial court's imposition of the maximum sentence on Baker.
{¶ 25} The judgment of the trial court is affirmed.
Fain, P.J. and Wolff, J., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.