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State v. Butcher

Court of Appeals of Ohio, Twelfth District

July 15, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
MICHAEL D. BUTCHER, Defendant-Appellant.

CRIMINAL APPEAL FROM BUTLER COUNTY COURT OF COMMON PLEAS Case No. CR2012-05-0702

Michael T. Gmoser, Butler County Prosecuting Attorney, Michael A. Oster, Jr., Government Services Center, for plaintiff-appellee

Scott N. Blauvelt, for defendant-appellant

OPINION

RINGLAND, P.J.

{¶ 1} Defendant-appellant, Michael D. Butcher, appeals from his conviction in the Butler County Court of Common Pleas following his guilty plea to one count of rape. For the reasons set forth below, we affirm Butcher's conviction.

{¶ 2} On May 16, 2012, the Butler County Grand Jury indicted Butcher on two counts of rape, one count in violation of R.C. 2907.02(A)(1)(c) and one count in violation of R.C. 2907.02(A)(2).[1] Butcher later pled guilty to the violation under R.C. 2907.02(A)(1)(c), a first-degree felony. The second rape count was merged as part of a plea agreement.

{¶ 3} The trial court held a plea hearing on August 23, 2012. During the plea hearing, the trial court conducted a Crim.R. 11 colloquy, advising Butcher of the various rights he was waiving and informing him of the potential maximum sentence of 11 years in prison and the terms of post-release control. At this hearing, the trial court also informed Butcher that he would be designated a Tier III sex offender. The trial court explained to Butcher that there would be a registration requirement based on this classification, and then the following exchange took place:

THE COURT: For the rest of your life, sir, you're going to have to report every 90 days to the county, to the sheriff of the county in which you're residing, and that will be for the rest of your life. Do you understand that sir?
DEFENDANT: Yes, sir.
THE COURT: Does that in any way change what you wish to do here today as far as a plea?
DEFENDANT: No, sir.

After this exchange, the trial court accepted Butcher's guilty plea.

{¶ 4} The trial court held a sentencing hearing on October 3, 2012, and imposed a ten-year mandatory prison term, a no-contact order, payment of the costs of prosecution, and designated Butcher a Tier III sex offender. ...


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