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State v. Anderson

Court of Appeals of Ohio, Tenth District

August 29, 2017

State of Ohio, Plaintiff-Appellee,
v.
William P. Anderson, Defendant-Appellant.

         APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 16CR-1907

         On brief:

          Ron O'Brien, Prosecuting Attorney, and Michael P. Walton, for appellee.

          Yeura R. Venters, Public Defender, and David L. Strait, for appellant.

          DECISION

          LUPER SCHUSTER, J.

         {¶ 1} Defendant-appellant, William P. Anderson, appeals from a judgment entry of the Franklin County Court of Common Pleas finding him guilty, pursuant to guilty plea, of three counts of rape. For the following reasons, we affirm.

         I. Facts and Procedural History

         {¶ 2} By indictment filed April 7, 2016, plaintiff-appellee, State of Ohio, charged Anderson with three counts of rape in violation of R.C. 2907.02, all felonies of the first degree, and one count of gross sexual imposition in violation of R.C. 2907.05, a third-degree felony. Initially, Anderson entered a plea of not guilty. On September 21, 2016, however, Anderson entered a guilty plea to the three rape counts and the state entered a nolle prosequi on the gross sexual imposition count.

         {¶ 3} The trial court ordered a pre-sentence investigation. Anderson's counsel also obtained a sexual offender risk assessment by forensic psychologist John L. Tilley, Psy.D., who concluded "Mr. Anderson is at a very low risk of reoffending." (Oct. 17, 2016 Report at 5, attached to Def.'s Nov. 10, 2016 Mot.) Anderson filed a sentencing memorandum on October 27, 2016 which explicitly referred to Dr. Tilley's conclusions that Anderson had a very low risk of reoffending. The pre-sentence investigation report also included Dr. Tilley's findings.

         {¶ 4} At the sentencing hearing on November 1, 2016, both the state and counsel for Anderson discussed Dr. Tilley's conclusions in making their sentencing recommendations. The trial court additionally stated it had reviewed the pre-sentence investigation report. At the conclusion of the hearing, the trial court imposed a sentence of 7 years on each of the three rape counts, ordering the sentences to run consecutively for an aggregate term of 21 years. In imposing the sentence, the trial court stated:

I have considered all seriousness and recidivism factors of 2929.12(B) through (E). Recidivism factors, prior adjudication or history of criminal convictions. Recidivism unlikely, I do not find any factors. More serious factors, I do find that the injury to the victim was worsened by the physical and mental condition and age of the victim; that the victim suffered serious physical, psychological harm as a result of the offense. Less serious, I do not find any factors.

(Nov. 1, 2016 Tr. at 18-19.) The trial court journalized Anderson's convictions and sentence in a November 1, 2016 judgment entry. Anderson timely appeals.

         II. Assignment of Error

         {¶ 5} Anderson assigns the following ...


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