State v. Boxley, Unpublished Decision (6-23-2005)
State v. Boxley, Unpublished Decision (6-23-2005)
Opinion of the Court
{¶ 2} Appellant, David Boxley, was convicted at a jury trial of kidnapping, rape and robbery for crimes committed against seven women in two consolidated 1977 criminal cases. He received an aggregate sentence of 15 to 100 years' incarceration. After being released on parole in 1989, appellant was convicted in the state of Georgia on another robbery charge and returned to Ohio to face parole violation charges. He was reincarcerated, where he remains today. On August 11, 2004, a House Bill 180 hearing was held, and appellant was found to be a sexual predator. He now presents this appeal with one assignment of error.
{¶ 3} "The evidence is insufficient as a matter of law to prove `by clear and convincing evidence' that appellant `is likely to engage in the future in one or more sexually oriented offenses.'"
{¶ 4} Appellant argues that the evidence presented was insufficient to classify him as a sexual predator. 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.
{¶ 5} After reviewing the factors, the court "shall determine by clear and convincing evidence whether the offender is a sexual predator. R.C.
{¶ 6} Sexual offender classification hearings under R.C.
{¶ 7} In reviewing a claim of insufficient evidence, this court reviews de novo. State v. Thompkins (1997),
{¶ 8} The Ohio Supreme Court set forth three objectives of a sexual predator hearing in State v. Eppinger (2001),
{¶ 9} In the instant case, appellant argues the trial court erred in finding him to be a sexual predator on the basis of a single conviction. However, the trial court considered the circumstances of appellant's convictions, the report of the Court Psychiatric Clinic, his history of mental illness and his institutional record in making its determination. Appellant was evaluated with the Static 99 test and found to be in the "medium to high" category of risk of reoffending. Further, the trial court noted the nature of appellant's crimes and found that it demonstrated a pattern of sexual abuse — appellant committed seven separate assaults over the course of ten days in 1977, luring his victims to the back of the school bus he drove and threatening them with a weapon. This conduct can hardly be considered a "single incident" for purposes of sexual offender classification. Finally, the court addressed a 1988 clinical report wherein doctors determined that appellant would have a high likelihood of recidivism were he to be released.
{¶ 10} The trial court presented a complete record for appellate review, relied on acceptable expert opinions, where necessary, and indicated on the record the reasons for making the sexual predator classification. For these reasons, we find that the trial court properly found sufficient evidence to make the sexual predator classification. Appellant's sole assignment of error is therefore overruled.
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.
Sweeney, J., and Kilbane, J., concur.
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