State v. St. John
2017 Ohio 4043
Ohio Ct. App. 9th2017Background
- In January 2015, James R. St. John invited two 10‑year‑old girls to his home, showed pornography, and during a game of "truth or dare" required/encouraged distinct sexual acts over 20–30 minutes (fellatio and rubbing/exposure). He later told one victim he would admit the incident and then surrendered to police eight days later.
- Police found drug paraphernalia and extensive adult pornography at his residence, some depicting young‑appearing females.
- St. John pleaded guilty to four felonies: two counts of rape (one for each victim) and two counts of gross sexual imposition (one for each victim). The court ordered a presentence investigation and sex‑offender assessment.
- At sentencing the trial court imposed consecutive terms: 10 years on each rape count and 1 year on each GSI count, for an aggregate 22 years; defense presented expert testimony on recidivism.
- On appeal St. John challenged (1) refusal to merge rape and GSI counts, (2) imposition of consecutive sentences (R.C. 2929.14(C)), and (3) length of the rape sentences under R.C. 2929.11–.12.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether GSI and rape counts that arose from the same encounter should merge | State: offenses were distinct and support convictions on all four counts | St. John: GSI are lesser‑included of rape and should merge with corresponding rape counts | Court: No merge — rape (fellatio) and GSI (rubbing/exposure) were separate acts committed at different moments; convictions on all counts upheld |
| Whether trial court made required findings to impose consecutive sentences under R.C. 2929.14(C)(4) | State: court made the required findings (necessity, proportionality, course of conduct/criminal history) | St. John: court did not expressly find offenses were part of a "course of conduct" as required | Court: Findings satisfied — court’s statements (separate animus, breaks in time, separate decisions) adequately show course of conduct and other statutory findings; consecutive terms affirmed |
| Whether the length of the 10‑year rape sentences violated sentencing statutes or considerations | State: sentence is within statutory range and court considered R.C. 2929.11–.12 factors | St. John: mitigation (self‑surrender, remorse, no recent convictions) warranted shorter terms | Court: 10‑year terms are within statutory range and supported by record (victims’ ages, position of trust, pornographic materials, drug use, risk factors); sentence not contrary to law |
| Whether consecutive sentences were disproportionately applied given the totality (rehabilitation prospects) | State: consecutive sentences necessary to protect public and punish | St. John: history and surrender show low risk of reoffense; consecutive terms excessive | Court: Trial court reasonably concluded consecutive terms necessary given sexual nature, history, and evidence of risk (pornography, drugs); upheld |
Key Cases Cited
- State v. Ruff, 34 N.E.3d 892 (Ohio 2015) (sets standard for when multiple offenses may be convicted: dissimilar import, separate conduct, or separate animus)
- State v. Johnson, 522 N.E.2d 1082 (Ohio 1988) (gross sexual imposition can be a lesser‑included offense of rape)
- State v. Marcum, 59 N.E.3d 1231 (Ohio 2016) (appellate review standard: sentence vacatur/modification only if record clearly and convincingly does not support the sentence)