State v. Baker, Unpublished Decision (5-4-2005)
State v. Baker, Unpublished Decision (5-4-2005)
Opinion of the Court
{¶ 3} A sexual classification hearing was held, pursuant to which the court adjudicated Mr. Baker a sexual predator under R.C.
{¶ 4} Mr. Baker timely appealed, asserting two assignments of error for review. We address Mr. Baker's first and second assignments of error together, as they involve similar questions of law and fact.
{¶ 5} In his first assignment of error, Mr. Baker asserts that his sexual predator adjudication is not supported by sufficient evidence. In his second assignment of error, Mr. Baker asserts that the adjudication is against the manifest weight of the evidence.
{¶ 6} First, we note the appropriate standard of review, as articulated by this Court in State v. Unrue, 9th Dist. No. 21105, 2002-Ohio-7002:
"The appropriate standard of review to be applied in sexual predator adjudications is the clearly erroneous standard. That is, a sexual predator adjudication will not be reversed if there is `some competent, credible evidence' to support the trial court's determination. * * * This deferential standard of review applies even though the state must prove that the offender is a sexual predator by clear and convincing evidence." (Internal citations, quotations, and edits omitted.) Id. at ¶ 6.
{¶ 7} Furthermore:
"[T]he clearly erroneous standard of review is highly deferential and even `some' evidence is sufficient to sustain the judgment and prevent reversal. Thus, this Court is guided by a presumption that the findings of a trial court are correct, since the trial court is best able to view the witnesses and observe their demeanor, gestures and voice inflections, and use those observations in weighing the credibility of the proffered testimony." (Internal citation, quotation, and edit omitted.) Id. at ¶ 9.
{¶ 8} Pursuant to a hearing on the matter, a trial court must make a determination as to whether the person who pled guilty to the sexually oriented offense is a sexual predator. R.C.
{¶ 9} Mr. Baker argues that testimony was presented that drugs and alcohol were not used during the incidents, and that no threats were made during the incidents. See R.C.
{¶ 10} Despite Mr. Baker's complaints, we find that competent, credible evidence otherwise exists in the record to support Mr. Baker's sexual predator adjudication. See Unrue at ¶ 6. The trial court considered testimony regarding Mr. Baker's history of molestation of young children. Specifically, Mr. Baker had prior gross sexual imposition and indecent exposure convictions, and yet another allegation from a young boy existed. See R.C.
{¶ 11} Based upon the foregoing, we find that the adjudication is not clearly erroneous. See Unrue at ¶ 7. Thus, we conclude that the trial court did not err in adjudicating Mr. Baker a sexual predator. Accordingly, Mr. Baker's first and second assignments of error are overruled.
Judgment affirmed.
The Court finds that there were reasonable grounds for this appeal.
We order that a special mandate issue out of this Court, directing the Court of Common Pleas, County of Summit, State of Ohio, to carry this judgment into execution. A certified copy of this journal entry shall constitute the mandate, pursuant to App.R. 27.
Immediately upon the filing hereof, this document shall constitute the journal entry of judgment, and it shall be file stamped by the Clerk of the Court of Appeals at which time the period for review shall begin to run. App.R. 22(E). The Clerk of the Court of Appeals is instructed to mail a notice of entry of this judgment to the parties and to make a notation of the mailing in the docket, pursuant to App.R. 30.
Costs taxed to Appellant.
Exceptions.
Slaby, P.J. Whitmore, J. Concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.