Court No. 15 CR 048
J. VanEerten, Ottawa County Prosecuting Attorney, and Joseph
H. Gerber, Assistant Prosecuting Attorney, for appellee.
Loretta Riddle, for appellant.
DECISION AND JUDGMENT
1} Appellant, Robert Mahler, appeals the judgment of
the Ottawa County Court of Common Pleas, sentencing him to 60
months in prison following his plea of guilty to one count of
gross sexual imposition.
A. Facts and Procedural Background
2} On May 13, 2015, appellant was indicted on two
counts of gross sexual imposition in violation of R.C.
2907.05(A)(4), felonies of the third degree. These charges
stemmed from an incident that occurred in September 2010, in
which appellant inappropriately touched the genitals of a
preschool girl, B.C.
3} Appellant made his initial appearance before the
trial court on June 17, 2015, at which time he entered pleas
of not guilty to the aforementioned charges. Following
initial pretrial discovery, appellant's counsel filed a
"suggestion of incompetency" with the court on July
7, 2015. In the filing, appellant's counsel stated that
she had reason to believe appellant was not competent to
stand trial. Consequently, appellant's counsel requested
a competency evaluation for appellant under R.C. 2945.37. The
trial court granted counsel's request on August 10, 2015,
and ordered appellant to submit to a competency evaluation.
Appellant was ultimately found to be competent to stand
4} Three months later, appellant appeared before the
trial court for a plea hearing. At the hearing, appellant
agreed to plead guilty to one count of gross sexual
imposition in exchange for the state's dismissal of the
remaining gross sexual imposition count. Prior to accepting
appellant's guilty plea, the court engaged appellant in
the following discussion:
Q. How far did you go in school?
A. I graduated.
Q. Do you have any problems with reading?
A. Yeah, I still have problems with reading and ...