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State v. Schleehauf

Court of Appeals of Ohio, Twelfth District

July 22, 2013

STATE OF OHIO, Plaintiff-Appellee,
v.
WILLIAM TODD SCHLEEHAUF, Defendant-Appellant.

CRIMINAL APPEAL FROM CLERMONT COUNTY COURT OF COMMON PLEAS, Case No. 2012 CR 00588

D. Vincent Faris, Clermont County Prosecuting Attorney, for plaintiff-appellee

R. Daniel Hannon, Clermont County Public Defender, Robert F. Benintendi, for defendant-appellant

OPINION

HENDRICKSON, P.J.

{¶ 1} Defendant-appellant, William Todd Schleehauf, appeals his sentence in the Clermont County Court of Common Pleas for kidnapping, attempted rape, and aggravated burglary. Under the facts and circumstances of this case, aggravated burglary and kidnapping are not allied offenses of similar import under R.C. 2941.25, and therefore the trial court properly declined to merge them for sentencing.

{¶ 2} On May 1, 2012, appellant confronted the victim, his 14-year-old biological daughter, in the hallway of the apartment complex in which she resided with her mother. Appellant forced the victim back inside her residence and into the kitchen, where he grabbed a knife, held it to the victim's throat, and threatened to take her life. He then forced the victim to the master bedroom, pulled off her shoes, pants, and underwear, undressed himself, and attempted to rape the victim at knifepoint. After the attempted rape, appellant ordered the victim to take a shower, change her clothes, and return to the master bedroom. Hours later he left the apartment.

{¶ 3} On August 1, 2012, the grand jury returned an 11-count indictment charging the appellant with burglary, aggravated burglary, attempted rape, rape, kidnapping, domestic violence, tampering with the evidence, and escape. At his plea hearing, appellant pled guilty to one count of kidnapping under R.C. 2905.01(A)(2) with a repeat violent offender specification, one count of attempted rape under R.C. 2907.02(A)(2) and 2923.02, and one count of aggravated burglary under R.C. 2911.11(A)(2). During the prosecution's statement of facts, the trial court's efforts to clarify the kidnapping charge precipitated the following exchange:

THE COURT: * * * what you're alleging is that he ordered her to take a shower and - -
[THE STATE]: After the rape - - after the attempted rape took place, yes, Your Honor.
THE COURT: Was restraining her during that period of time?
[THE STATE]: That - - that's accurate, Your Honor.
THE COURT: Mr. Schleehauf, do you have any disagreement with that statement, or is there anything that you wish to add?
[DEFENDANT]: No, Sir.

{¶ 4} The trial court heard oral argument on the issue of merger of allied offenses on September 21, 2012, whereat appellant argued that all three counts should be merged as allied offenses because his conduct constituted one continuous act with the single animus of committing the rape. On October 9, the trial court denied merger of the three counts and sentenced appellant to 11 years for kidnapping, ten years for a repeat violent offender specification on the kidnapping offense, eight years for attempted rape, and 11 years for aggravated burglary. The sentences were ...


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