2007 Ohio 4114 | Ohio Ct. App. | 2007
{¶ 2} In February 2005, the Crawford County Grand Jury indicted McLaughlin on one count of rape of a juvenile victim being less than thirteen years of age in violation of R.C.
{¶ 3} In December 2005, the matter proceeded to a jury trial, and during jury selection, both parties agreed to request a change of venue. The matter was rescheduled for trial on July 5, 2006, in Wyandot County.
{¶ 4} On July 6, 2006, McLaughlin agreed to enter a plea of guilty to one count of gross sexual imposition in violation of R.C.
{¶ 5} In August 2006, the trial court held a sentencing hearing. During the hearing, the State requested a prison sentence and advised the trial court that there was a presumption in favor of a prison sentence. The trial court sentenced McLaughlin to five years of community control. Additionally, the trial court determined that McLaughlin has a duty to register under R.C.
{¶ 6} It is from this judgment the State appeals, presenting the following assignment of error for our review.
THE TRIAL COURT FAILED TO IMPOSE A PRISON TERM UPON THE APPELLEE
{¶ 7} In its assignment of error, the State argues that the trial court erred when it sentenced McLaughlin to community control. Specifically, the State asserts that McLaughlin's conviction of gross sexual imposition carries a statutory presumption in favor of a prison term and that the trial court failed to make the necessary statutory findings to impose community control.
{¶ 8} The Ohio Supreme Court in State v. Foster,
{¶ 9} The Court in Foster also held that trial courts must still comply with R.C.
{¶ 10} R.C.
{¶ 11} R.C.
{¶ 12} In addition, Foster altered the appellate court's standard of review for most sentencing appeals from "clear and convincing" to "abuse of discretion." Foster, supra, at ¶¶ 100 102; see State v. Ramos, 3d Dist. No. 4-06-24,
{¶ 13} Here, the trial court considered the purposes and principles of felony sentencing of R.C.
{¶ 14} R.C.
{¶ 15} Here, McLaughlin entered a guilty plea to one count of gross sexual imposition in violation of R.C.
Notwithstanding divisions (A) to (E) of this section, the court shall impose a prison term or terms under sections
2929.02 to2929.06 , section2929.14 , or section2971.03 of the Revised Code and except as specifically provided in section2929.20 or2967.191 of the Revised Code or when parole is authorized for the offense under section2967.13 of the Revised Code shall not reduce the terms pursuant to section2929.20 , section2967.193 , or any other provision of Chapter 2967. or Chapter 5120. of the Revised Code for any of the following offenses:* * *
(3) Gross sexual imposition or sexual battery, if the victim is under thirteen years of age, if the offender previously was convicted of or pleaded guilty to rape, the former offense of felonious sexual penetration, gross sexual imposition, or sexual battery, and if the victim of the previous offense was under thirteen years of age
{¶ 16} Since it is undisputed that McLaughlin was a first-time offender, R.C.
{¶ 17} Having found no error prejudicial to the appellant herein, in the particulars assigned and argued, we affirm the judgment of the trial court.
Judgment affirmed.
*1SHAW and PRESTON, JJ., concur.