State v. Kuykendall
2017 Ohio 7280
| Ohio Ct. App. | 2017Background
- Appellant Raymond C. Kuykendall was indicted for rape of a child under ten based on alleged sexual conduct occurring when the victim was 4–7; charges were later reduced.
- On plea, Kuykendall pleaded guilty to one count of gross sexual imposition (third-degree felony).
- At sentencing, defense presented a forensic psychologist’s report recommending treatment instead of prison, and Kuykendall expressed remorse and a lack of prior criminal history.
- The trial court reviewed a PSI, victim impact statements, the psychologist’s report, and a referral letter rejecting community program placement for medical reasons.
- The court found Kuykendall not amenable to community control, sentenced him to 36 months’ imprisonment (with 150 days’ credit), and classified him as a Tier II sex offender.
- Kuykendall appealed, arguing the psychologist’s report rebutted the statutory presumption of incarceration for the offense and that the court should have imposed a lesser (one-year) sentence given mitigating factors.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant rebutted the statutory presumption that prison is appropriate for gross sexual imposition | State: trial court properly applied presumption and found prison necessary | Kuykendall: psychologist’s report and lack of criminal history rebut the presumption and support community control | Held: Not rebutted; court reasonably found defendant not amenable to community control and imposed prison |
| Whether the imposed 36‑month sentence was inconsistent with the record or contrary to law | State: sentence considered R.C. 2929.11/2929.12, within statutory range, and supported by record | Kuykendall: mitigating factors (remorse, low recidivism risk, minimal history) warranted minimum or lesser sentence | Held: Sentence within statutory range, court considered required factors, and record supports balancing of seriousness and recidivism factors; affirmed |
Key Cases Cited
- Marcum v. State, 146 Ohio St.3d 516 (establishes R.C. 2953.08(G)(2) standard for appellate review of felony sentences)
- Brandenburg v. State, 146 Ohio St.3d 221 (clarifies appellate scope to modify/vacate only when sentence is contrary to law or unsupported by the record)
- Hartt v. Munobe, 67 Ohio St.3d 3 (presumption of regularity when trial transcript is not part of the record)