State v. Schwytzer

Citations

• 2021 Ohio 83

Syllabus

Appellant was convicted on one count of unlawful sexual conduct with a minor and one count of sexual battery, and he was sentenced to a term in prison on each count. The trial court incorrectly stated at appellant's sentencing hearing that a prison term was presumptively necessary, pursuant to R.C. 2929.13, for the offense of sexual battery. Although the presumption did not apply because the victim of the offense was over the age of 13, the trial court's error was harmless. Judgment affirmed. (Froelich, J., dissenting.)