State v. Locke
2015 Ohio 3349
Ohio Ct. App.2015Background
- Locke, a 42-year-old Cleveland police officer, engaged in sexual conduct with a 15-year-old female and recorded some acts on a cell phone.
- He was charged in 2014 with multiple counts including two counts of sexual battery, two unlawful sexual conduct with a minor, ten pandering counts, and one count of possessing criminal tools.
- He pled guilty to two unlawful sexual conduct counts, five pandering counts, and possessing criminal tools.
- The trial court sentenced him to consecutive terms totaling 19.5 years and ordered Tier III sex offender registration.
- The appellate court sustained one assignment of error and remanded for resentencing to address R.C. 2929.14(C)(4) findings and allied-offenses, and to correct the sex-offender classification to Tier II.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consecutive-sentence findings under R.C. 2929.14(C)(4) | Locke contends trial court failed to make required findings. | State concedes missing findings but favors remand for proper findings. | Remanded for resentencing to consider and make the required findings on 2929.14(C)(4). |
| Allied offenses under R.C. 2941.25 | Locke argues convictions should merge. | State asserts no merger; offenses not allied due to dissimilar import/separate animus. | Allied-offense issue deemed forfeited; court held no plain error; convictions not merged; remand for resentencing remains limited to 2929.14(C)(4) findings. |
Key Cases Cited
- State v. Bonnell, 140 Ohio St.3d 209 (2014 Ohio) (requires factual findings under 2929.14(C)(4) and incorporation into sentencing entry)
