State v. Ryane, Unpublished Decision (3-28-2005)
State v. Ryane, Unpublished Decision (3-28-2005)
Opinion of the Court
{¶ 2} In June 2003, allegations of domestic violence arose between Ryane and his minor daughter, Kimberly Ryane ("Kimberly"). As a result, Children's Services Agency ("CSA") began a non-emergency review of Kimberly's well-being. As part of its review, CSA interviewed Kimberly and her mother. During their interviews, Kimberly and her mother alleged that on or about June 2002, Ryane began sexually abusing the then eleven (11) year-old Kimberly and that the sexual abuse continued for approximately one year. Kimberly and her mother specifically reported that Ryane fondled Kimberly, forced Kimberly to perform acts of oral sex on him, performed oral sex on Kimberly, and subjected Kimberly to other disturbing acts.
{¶ 3} Following the CSA's initial review, the matter was referred to the Wapakoneta Police Department for further investigation. Subsequently, Ryane was jointly interviewed by both the Wapakoneta Police and the CSA. During the course of the interview, Ryane continually denied all allegations of sexual abuse.
{¶ 4} Following the investigation, the Auglaize County Grand Jury indicted Ryane with one count of attempted rape (R.C.
{¶ 5} After initially pleading not guilty to the charges, Ryane entered into a plea agreement with the state in which he pleaded guilty to one count of Attempted Sexual Battery, in violation of R.C.
{¶ 6} On March 19, 2004, the trial court held a "sexual classification" hearing and found Ryane to be a "sexual predator" (see R.C.
{¶ 7} It from this judgment and order of sentence that Ryane now appeals and raises the following assignments of error our review.
{¶ 8} In these assignments of error, Ryane maintains that the trial court's imposition of maximum, consecutive sentences is not commensurate with the offenses for which Ryane was convicted. If on appeal, an appellant establishes by clear and convincing evidence that the record does not support a sentencing court's required findings, or that a sentence is otherwise contrary to law, R.C.
{¶ 9} Before a trial court may impose a maximum prison sentence authorized by R.C.
{¶ 10} Specifically, R.C.
{¶ 11} However, in addition, and pertinent to this appeal, in order for a trial court to make the above listed findings, it is required to consider the non-exclusive list of "seriousness" and "recidivism" factors located in R.C.
{¶ 12} In the case sub judice, Ryane concedes that the trial court made the applicable findings and gave its reasons for making said findings on the record at the sentencing hearing. Ryane, however, maintains that the record herein does not support the court's findings that his conduct was "more serious than conduct normally constituting the offense[s]" or that he is "likely to commit future crimes." See R.C.
{¶ 13} The transcript from Ryan's sentencing hearing makes evident that the trial court considered and applied the seriousness and recidivism factors listed in R.C.
. . . the physical and mental injury suffered by this victim has beenexacerbated by both her physical and mental condition and her age. Thatthe victim suffered serious psychological harm as a result of theseoffenses. * * * The victim did not induce nor facilitate the offense. Thedefendant did not act under strong provocation. He knew, or expected toknow, that his acts would cause harm to the victim. There are no substantial grounds to mitigate the conduct of thisoffender. The conduct is more serious than conduct normally constitutingthe offense and amounts to one of the most serious or worse forms of theoffense. The defendant has [an extensive criminal] history * * *. Thedefendant has not responded favorably to sanctions previously imposed forcriminal convictions. The defendant shows no remorse for his actions. Thelikely to re-offend factors outweigh those opposed to it. The Courtfinding that the offense was committed under circumstances likely torecur * * *
{¶ 14} Based upon these findings, the trial court then went on to sentence appellant to maximum, consecutive sentences for each offense. In addition the trial court stated:
I know I'm supposed to put my reasons for sentencing the defendant onthe record in addition to addressing the factors that the Court hasaddressed under the statute, but how do you in a few words, put theatrocities that this man has done in terms of this young girl on therecord? He did everything he could do to dehumanize his victim * * * tointimidate the victim * * * to make her numb from the impact of what hewas doing to her. So the Court adopts by reference all of the exhibits ofthis case, hoping that any reviewing court wanting to know the reasonssimply read them. The exhibits are marked and admitted, because thosereasons speak mountains.
{¶ 15} We find that the record overwhelmingly supports the trial court's findings. Given the facts of this case, including Ryane's extensive previous criminal history, the relationship between him and the victim, the victim's age, and the repugnant sexual conduct Ryane forced upon the victim, we find that the trial court's imposition of maximum, consecutive sentences is clearly and convincingly supported by the record and that the sentence is not otherwise contrary to law.
{¶ 16} Accordingly, both of Ryane's assignments of error are hereby overruled.
{¶ 17} Having found no error prejudicial to the appellant herein, in the particulars assigned and argued, we affirm the judgment of the trial court.
Judgment Affirmed. Bryant and Rogers, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.