State v. Johnson

Citations

• 2020 Ohio 2947

Syllabus

R.C. 2907.02 rape victim under ten years old R.C. 2971.03 notice Crim.R. 32(C). Where defendant was convicted of rape under R.C. 2907.02(A)(1)(b) (victim under 13 years old), and trial court declined to impose a sentence of life without parole under R.C. 2907.02, R.C. 2971.03 governs the sentence. Here, there was no separate finding that Johnson compelled the victim to submit by force or threat of force, no finding that he has previously been convicted of rape under R.C. 2907.02 or a substantially similar offense, and no finding that Johnson caused serious physical harm to the victim, as is relevant under R.C. 2971.03(B)(1)(c), so defendant could not be sentenced to 25 years to life pursuant to R.C. 2971.03(B)(1)(c), and instead was to be sentenced to 15 years to life. The judge signed the relevant rulings, and the clerk entered them on the journal, thereby complying with Crim.R. 32(C). Where defendant was convicted of rape under R.C. 2907.02(A)(1)(b) (victim under 13 years old), and trial court declined to impose a sentence of life without parole under R.C. 2907.02, R.C. 2971.03 governs the sentence. Here, there was no separate finding that Johnson compelled the victim to submit by force or threat of force, no finding that he has previously been convicted of rape under R.C. 2907.02 or a substantially similar offense, and no finding that Johnson caused serious physical harm to the victim, as is relevant under R.C. 2971.03(B)(1)(c), so defendant could not be sentenced to 25 years to life pursuant to R.C. 2971.03(B)(1)(c), and instead was to be sentenced to 15 years to life. The judge signed the relevant rulings, and the clerk entered them on the journal, thereby complying with Crim.R. 32(C). Where defendant was convicted of rape under R.C. 2907.02(A)(1)(b) (victim under 13 years old), and trial court declined to impose a sentence of life without parole under R.C. 2907.02, R.C. 2971.03 governs the sentence. Here, there was no separate finding that Johnson compelled th