State v. Wilder, Unpublished Decision (6-3-2004)
State v. Wilder, Unpublished Decision (6-3-2004)
Opinion of the Court
{¶ 2} On April 30, 1983, Wilder was indicted for various sex crimes committed against six separate adult females in the city of Lakewood. He was charged with four counts of kidnaping, five counts of rape, two counts of gross sexual imposition, one count of attempted rape, and two counts of felonious assault.
{¶ 3} On October 25, 1983, Wilder pleaded guilty to three counts of rape, two counts of gross sexual imposition, and one count of felonious assault; the remaining eight counts were nolled. The court imposed a sentence of 5 to 25 years on each of the rape counts and ran them consecutively with each other. The trial court also sentenced Wilder to six months to five years on the gross sexual imposition counts and 2 to 15 years on the felonious assault count. These sentences were ordered to run concurrently with the rape sentences for a total of 15 to 75 years imprisonment. On September 3, 2003, the trial court held a hearing to determine whether Wilder should be labeled a sexual predator, pursuant to R.C.
{¶ 4} Wilder brings the instant appeal alleging one assignment of error for review:
{¶ 5} "The trial court erred in determining that the defendant is a sexual predator as the state failed to produce sufficient evidence as to the defendant's likelihood of committing one or more sexually oriented offenses in the future."
{¶ 6} A sexual predator is "a person who has been convicted of or pleaded guilty to committing a sexually oriented offense and is likely to engage in the future in one or more sexually oriented offenses." R.C.
{¶ 7} After reviewing the factors, the court "shall determine by clear and convincing evidence whether the offender is a sexual predator." R.C.
{¶ 8} Sexual offender classification hearings under R.C.
{¶ 9} In reviewing a claim of insufficient evidence, this court reviews de novo. State v. Thompkins,
{¶ 10} In order to classify an offender as a sexual predator, the state must show that the offender is currently likely to commit a sex crime in the future, not solely that he committed a sex crime in the past. This court recently stated, "a court may adjudicate a defendant a sexual predator so long as the court considers `all relevant factors[,]' which may include a sole conviction." State v. Purser,
{¶ 11} The Ohio Supreme Court set forth three objectives of a sexual predator hearing in State v. Eppinger (2001),
{¶ 12} In the instant matter, a complete and accurate record has been presented for review which includes the transcript from the sexual classification hearing, Lakewood police reports, victims' statements, the appellant's institutional record, and the Court Psychiatric Clinic's evaluation report prepared by Dr. Aronoff.
{¶ 13} The trial court cited to several of the qualifications listed under R.C.
{¶ 14} The psychiatric evaluation of the appellant places him in the medium/high risk category for recidivism. Also, although the appellant completed a program for sexual offenders in 1994 while incarcerated, he now only claims to have raped one woman and argues he is innocent of all other sex crimes to which he earlier admitted and pleaded guilty. It was noted in his record and also in the psychological evaluation that the appellant "does not perceive himself to have a problem with sexuality, and he consistently denies all offenses except for the one just prior to his arrest. Therefore, he will not compile a relapse prevention plan." The appellant has not participated in any sexual reorientation programs since 1994.
{¶ 15} Further, the trial court found that the appellant committed these rapes and gross sexual impositions by placing a knife to his victims' throats. The court also took into consideration that the appellant committed more than one sexual offense against more than one victim. The appellant assaulted at least six different women, using force and cruelty, over a substantial period of time.
{¶ 16} It is important to note here that R.C.
{¶ 17} We find as a matter of law that there exists clear and convincing evidence sufficient to conclude that the appellant is likely to commit a sexually oriented offense in the future, and the classification of sexual predator is necessary to protect the public from future harm.
{¶ 18} Judgment affirmed.
It is ordered that appellee recover of appellant costs herein taxed.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this court directing the common pleas court to carry this judgment into execution.
A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
Corrigan, A.J., and Calabrese, Jr., J., Concur.
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