State v. Folk
2017 Ohio 8105
| Ohio Ct. App. | 2017Background
- Defendant Aaron Folk pleaded guilty to first-degree rape by force or threat (bill of information omitted child-under-10 enhancement) as part of a plea; original indictment for rape of a child under ten was dismissed.
- Trial court accepted plea, ordered a PSI, and at sentencing imposed the maximum 11-year prison term.
- Folk has prior convictions for sex offenses against minors (2007 and 2010 convictions for gross sexual imposition and unlawful sexual conduct with a minor).
- The PSI and parole officer reported repeated post-release noncompliance: violations of supervision, domestic violence, prohibited contact with minors, positive cocaine tests, failure to complete sex-offender treatment, and frequent sanctions.
- The instant offense: Folk anally penetrated his girlfriend’s nine-year-old daughter while she slept and threatened to kill her if she told anyone; trial judge noted a disturbing modus operandi across offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the maximum 11-year sentence is contrary to law | State: Sentence within statutory range and trial court complied with R.C. 2929.11/2929.12 considerations | Folk: Maximum sentence is an abuse of discretion and record does not support maximum term | Court: Sentence is not contrary to law; trial court stated it considered statutory purposes and factors |
| Whether appellate court should vacate/modify under R.C. 2953.08(G)(2) | State: Appellate review is deferential; overturn only if record clearly and convincingly fails to support findings | Folk: Record does not support imposition of maximum term | Court: Under R.C. 2953.08(G)(2) and Marcum standard, record supports sentence; no clear and convincing showing to vacate |
Key Cases Cited
- State v. Marcum, 146 Ohio St.3d 516 (2016) (establishes R.C. 2953.08(G)(2) standard for appellate review of felony sentences)
- State v. Rodeffer, 5 N.E.3d 1069 (Ohio Ct. App. 2013) (discusses deference to trial court sentencing discretion and the requirement to consider R.C. 2929.11/2929.12)
- State v. Castle, 67 N.E.3d 1283 (Ohio Ct. App. 2016) (reiterates that trial court must consider statutory sentencing policies and factors)