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State v. Jones

Court of Appeals of Ohio, Second District

July 18, 2008

STATE OF OHIO Plaintiff-Appellee.
v.
BRANDON A. JONES Defendant-Appellant.

(Criminal Appeal from (Common Pleas Court) Trial Court Case No. 07-CR-38

STEPHEN K. HALLER, Atty. Reg. #0009172, by CHERI L. STOUT, Atty. Reg. #0073725, Greene County Prosecutor's Office, Attorneys for Plaintiff-Appellee.

ANTHONY S. VANNOY, Atty. Reg. #0067052, Attorney for Defendant-Appellant.

OPINION

BROGAN, J.

{¶ 1} Brandon Jones appeals from the trial court's designation of him as a sexual predator and from the court's imposition of consecutive sentences upon him. Jones was convicted of three counts of engaging in unlawful sexual conduct with a minor and importuning. Jones' convictions arose out of his activities as a disc jockey at a local skating rink which is frequented by young adolescent females. Jones, who is in his early twenties, was alleged to have demanded sexual favors from four victims ages thirteen to fifteen in return for playing records the victims requested. The trial court imposed five consecutive one-year sentences upon Jones after considering a presentence report. In the report, the investigator stated that Jones does not accept responsibility for the offenses as he blames the victims for enticing him.

{¶ 2} At the predator hearing, Jones stipulated to the findings and conclusions of the report furnished by the Forensic Psychiatry Center for Western Ohio. In the report, Dr. Scott Kidd, a forensic psychologist, stated he felt Jones fell into the moderate-to-low risk for sexual reoffending relative to other adult male sex offenders. Specifically, he found that the rate of sexual reoffending for individuals who receive the score Jones did, on average, reoffend nine percent over five years, thirteen percent over ten years, and sixteen percent over fifteen years. Dr. Kidd opined that he believed Jones would probably respond well to probationary treatment. Kidd did find that Jones had a higher risk of reoffending due to his age. Kidd found that Jones' actions indicated a pattern of sexually abusive behavior and that he had used threats of cruelty against at least one of his victims. He noted that Jones had a deviant preference for adolescent females and that fact would increase his risk to reoffend. Kidd stated the remaining six factors in R.C. 4950.09(B) suggest that Jones is not likely to reoffend.

{¶ 3} In making a sexual predator determination, the trial judge shall consider all relevant factors in R.C. 2950.09(B)(3), including but not limited to the following:

{¶ 4} "(a) The offender's or delinquent child's age;

{¶ 5} "(b) The offender's or delinquent child's prior criminal or delinquency record regarding all offenses, including, but not limited to, all sexual offenses;

{¶ 6} "(c) The age of the victim of the sexually oriented offense for which sentence is to be imposed or the order of disposition is to be made;

{¶ 7} "(d) Whether the sexually oriented offense for which sentence is to be imposed or the order of disposition is to be made involved multiple victims;

{¶ 8} "(e) Whether the offender or delinquent child used drugs or alcohol to impair the victim of the sexually oriented offense or to prevent the victim from resisting;

{¶ 9} "(f) If the offender or delinquent child previously has been convicted of or pleaded guilty to, or been adjudicated a delinquent child for committing an act that if committed by an adult would be, a criminal offense, whether the offender or delinquent child completed any sentence or dispositional order imposed for the prior offense or act and, if the prior offense or act was a sex offense or a sexually oriented offense, ...


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