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State v. Long

Court of Appeals of Ohio, Ninth District, Summit

June 21, 2017

STATE OF OHIO Appellee
v.
NATHAN LONG Appellant

         APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR 2015 04 1302.

          MARIA V. COPETAS, Attorney at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and HEAVEN DIMARTINO, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          JULIE A. SCHAFER, JUDGE.

         {¶1} Defendant-Appellant, Nathan Long, appeals the judgment of the Summit County Court of Common Pleas sentencing him to a mandatory 15-year term of imprisonment. We affirm.

         I.

         {¶2} On May 4, 2015, the Summit County Grand Jury indicted Long on six counts of rape in violation of R.C. 2907.02(A)(1)(b), a first-degree felony, and three counts of gross sexual imposition in violation of R.C. 2907.05(A)(4), a third-degree felony. Long pleaded not guilty to all counts contained in the indictment and the matter proceeded through the pretrial process.

         {¶3} Following extensive plea negotiations with the State, Long ultimately withdrew his not guilty pleas and pleaded guilty to three counts of rape in violation of R.C. 2907.02(A)(1)(b), as amended to reflect that the perpetrator was under 16 years of age and that the victims were under 13 years of age. The trial court accepted Long's guilty pleas. In exchange for Long's guilty pleas, the trial court dismissed the remaining counts in the indictment on the State's recommendation. As part of the plea agreement, which included an agreed sentence, the trial court sentenced Long to a mandatory term of five-years in prison on each count of rape to which he pleaded guilty, with those sentences to be served consecutively for a total of 15 mandatory years in prison. The trial court also sentenced Long to a mandatory term of five years post-release control and ordered that he be adjudicated a Tier III sex offender.

         {¶4} Long subsequently filed a motion for leave to file a delayed appeal, which this Court granted. Long raises two assignments of error on appeal for this Court's review. To facilitate our analysis, we elect to address both assignments of error together.

         II.

         Assignment of Error I

         The trial court erred in determining that a mandatory sentence was required to be imposed on Appellant on the charges of rape.

         Assignment of Error II

         The trial court erred in imposing consecutive sentences by not considering mitigating circumstances on Appellant's behalf or stating ...


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