from the Franklin County Court of Common Pleas C.P.C. No.
O'Brien, Prosecuting Attorney, and Michael P. Walton, for
R. Venters, Public Defender, and David L. Strait, for
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.
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
(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.
Assignment of Error
5} Anderson assigns the following ...