State v. Fry

Citations

• 2021 Ohio 2838

Syllabus

R.C. 2971.03(B)(1)(c) R.C. 2907.02(A)(1)(b) rape of a child felonious assault indictment guilty plea Sixth Amendment sentencing not contrary to law. A defendant convicted of violating R.C. 2907.02(A)(1)(b) can only be sentenced to a mandatory minimum 25 years to life pursuant to R.C. 2971.03(B)(1)(c) when the facts to establish the factors listed in (c) are either submitted to a jury and proven beyond a reasonable doubt, or admitted to by the defendant. Here, defendant's guilty plea to rape and to a felonious assault with a sexual motivation specification the same day as the rape offense establishes that the defendant during or immediately after the commission of the offense caused serious physical harm to the victim. Defendant's guilty plea admits the necessary facts to establish the prerequisite factors of R.C. 2971.03(B)(1)(c) such that a sentence of 25 years to life is required by law however, the trial court did not have authority to add additional years to that sentence, such that the defendant's sentence of 30 years to life was contrary to law.