795 N.E.2d 145 | Ohio Ct. App. | 2003
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *637
{¶ 2} In 1985, Morales pleaded guilty and was convicted of two counts of rape in violation of R.C.
{¶ 3} On September 5, 2002, the trial court ordered Morales to appear for a sexual-offender-classification hearing. At the conclusion of the hearing, the trial court adjudicated him a sexual predator.
{¶ 4} We overrule Morales's constitutional challenges to R.C.
{¶ 5} In his sole remaining assignment of error, Morales argues that his adjudication as a sexual predator was against the manifest weight of the evidence and failed to conform to the model procedure established in State v. Eppinger,
{¶ 6} A sexual predator is defined as "a person who has been convicted of or pleaded guilty to committing a sexually oriented offense and is likely to engage in the future in one or more sexually oriented offenses." R.C.
{¶ 7} Morales argues that the state's expert witness offered conclusive evidence through clinical test results — specifically, the results of the Static-99 test — that he was not likely to re-offend. Nancy Schmidtgoessling, Ph.D, who administered the psychological testing to Morales, testified that the Static-99 test was developed from research and studies of sexual offenders using criteria "that seemed to reliably predict those people who would reoffend [sic] * * *." She described the test in equivocal terms, however, as "the best instrument of its type, sort of." She testified that, according to the Static-99 test results, Morales's chances of recidivism were six percent within five years, seven percent within ten years, and seven percent within fifteen years. She described these percentages as "quite a low risk compared to others." *639
{¶ 8} In determining whether an offender convicted of a sexually-oriented offense is a sexual predator, the trial court must consider the evidence under the legislative guidelines in R.C.
{¶ 9} Morales argues that the Static-99 test results conclusively refuted the trial court's finding, or any finding for that matter, that he was "likely to engage in the future in one or more sexually oriented offenses." We reject the proposition that recidivism test results are binding upon the trial court. The court must consider all the evidence and circumstances on a case-by-case basis, employing the guidelines of R.C.
{¶ 10} We are in full agreement with the Third Appellate District that Static-99 test results, and their evaluation by expert testimony, should not be the sole basis for a sexual-predator adjudication. SeeState v. Robertson,
{¶ 11} It is undisputed that Morales was convicted of committing sexually-oriented offenses. Although the judge at the classification hearing was not the judge who had sentenced Morales for the underlying offenses, the court considered (in addition to the clinical evaluation and Dr. Schmidtgoessling's testimony) the indictment, the transcript of the grand-jury proceedings, and Morales's criminal record. In finding that Morales was a sexual predator, the trial court related facts from the record to the legislative guidelines of R.C.
{¶ 12} To determine if the trial court's finding of the offender's likelihood of recidivism is supported by clear and convincing evidence, an appellate court must conduct its own review of "the evidence in the transcripts, victim impact statements, presentence investigation reports, prior history of arrests and convictions, age, etc., presented at the sexual offender classification hearing with respect to R.C.
{¶ 13} In this case, the trial court was not required to slavishly adhere to the Static-99 test results to the exclusion of other relevant evidence in the record. This is particularly true since Dr. Schmidtgoessling equivocated as to whether Static-99 test results could accurately predict an individual's risk of re-offending. She testified, "It [Static-99] is simply a statement about how groups of people perform. So you really can't come up with an individual prediction." She also testified that, although Static-99 is currently the best instrument for predicting future sexual recidivism, "there is a strong opinion among people in the field that this instrument probably underrepresents the risk of reoffending because it only concentrates on the people who have already offended with some comparison to the general population." She concluded that the Static-99 test may "oversimplify the issue of prediction."
{¶ 14} We hold that the trial court's findings and reasons stated in its judgment entry faithfully conform to the Eppinger model. We further hold that there is clear and convincing evidence in the record to support the trial court's adjudication of Morales as a sexual predator.
{¶ 15} Therefore, the judgment of the trial court is affirmed.
Judgment affirmed.
Doan, P.J., and Winkler, J., concur. *641