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State v. Locke
2015 Ohio 3349
Ohio Ct. App.
2015
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Background

  • 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)
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Case Details

Case Name: State v. Locke
Court Name: Ohio Court of Appeals
Date Published: Aug 20, 2015
Citation: 2015 Ohio 3349
Docket Number: 102371
Court Abbreviation: Ohio Ct. App.