State v. Paster
15 N.E.3d 1252
Ohio Ct. App.2014Background
- Paster was indicted in 2013 on five counts related to online solicitation and sexual conduct involving a minor, arising from ICAC undercover operation posing as a 15-year-old.
- Evidence showed Paster texted explicit messages to an undercover investigator posing as a minor and agreed to meet the “Bentley” for sexual activity, offering $100.
- Arrest occurred when Paster arrived at a Parma location after agreeing to meet; officers seized his phone and wallet.
- The court found Paster guilty of two counts of importuning, attempted unlawful conduct with a minor, and possession of criminal tools; he was found not guilty of compelling prostitution, though the journal entry later stated a not guilty on Count 5.
- At sentencing, the court ordered consecutive terms on Counts 1 and 4, totaling 28 months, with Counts 1 and 2 merged and the state proceeding on Count 1 for sentencing.
- Paster appeals raising three assignments of error challenging consecutive sentences, sufficiency of the evidence, and the admissibility/authentication of certain records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consecutive sentences: error in imposing without explicit statutory findings | Paster argues the court failed to make the required R.C. 2929.14(C)(4) findings. | State contends the court properly considered factors for consecutive terms. | First assignment sustained; improper findings; remand for resentencing. |
| Sufficiency of the evidence for importuning and attempted unlawful conduct | Sufficient evidence supported the convictions. | Defense contends evidence was insufficient. | Convictions for importuning and attempted unlawful conduct sustained; evidence supports a reasonable juror. |
| Authentication of Craigslist/Facebook/phone records | State properly authenticated records through testimony. | Challenged admissibility of business records without proper authentication. | Third assignment overruled; admissions upheld; records authenticated by witness testimony. |
Key Cases Cited
- State v. Diar, 120 Ohio St.3d 460 (2008-Ohio-6266) (sets sufficiency standard for review of criminal evidence)
- State v. Kalish, 120 Ohio St.3d 23 (2008-Ohio-4912) (post-Foster framework; guidance on consecutive-sentencing review)
- State v. Jenks, 61 Ohio St.3d 259 (1991) (standard for sufficiency review: rational juror could find elements proven)
- State v. Tarbay, 2004-Ohio-2721 (2004-Ohio-2721) (driving to meeting corroborates intent in unlawful conduct with a minor)
- State v. Bonness, 2012-Ohio-474 (2012-Ohio-474) (substantial-step sufficiency in unlawful sexual conduct with a minor)