State v. Worley

Citations

• 2023 Ohio 530

Syllabus

Felony sentencing R.C. 2953.08(G)(2) consecutive sentences R.C. 2929.14(C)(4) plain error clear and convincing evidence proportionality danger the offender poses to the public rape R.C. 2907.02(A)(2) attempt R.C. 2923.02 failure to verify address R.C. 2950.06 offenses committed on bond offenses committed on postrelease control capias. We affirmed the trial court's imposition of consecutive sentences resulting in an aggregate 11.5-year prison sentence. The defendant completed a 13-year prison sentence for a sexual battery and a rape committed in 2004–2005. These assaults targeted two different women, both strangers to the defendant. Upon the defendant's release, he was immediately taken back into custody for a rape committed in 2006 against a third female victim. The charge was based on new forensic tests performed while the defendant was in prison. While on bond in that case, the defendant committed two misdemeanors — attempted drug possession and endangering children — and a felony, attempted felonious assault. He then failed to appear for trial on the rape charge and thereafter attempted to fail to verify his address as required because of the previous rape conviction. The defendant was taken back into custody and pleaded guilty to the 2006 rape, the misdemeanors, the attempted felonious assault and the attempted failure to verify his address. The trial court imposed a prison sentence of 10 years on the rape count and a sentence of 18 months on the failure-to-verify count. The trial court ran the sentences consecutively, making the required findings under R.C. 2929.14(C)(4). We affirmed the imposition of consecutive sentences because, after a thorough review of the record, we were not left with the firm conviction or belief that the consecutive sentences and an aggregate 11.5-year sentence were disproportionate to the danger the defendant posed to the public. While the defendant completed beneficial programming and classes while incarcerated and secured employment