Court of Appeals of Ohio, Fifth District, Fairfield
from the Fairfield County Court of Common Pleas, Case No.
2016 CR 00275
Plaintiff-Appellee R. KYLE WITT DARREN L. MEADE Fairfield
County Prosecuting Attorney JOSHUA S. HORACEK Columbus, Ohio
43235 Assistant Prosecuting Attorney
Defendant-Appellant Parks and Meade, LLC
William B. Hoffman, P.J. Hon. Craig R. Baldwin, J. Hon. Earle
E. Wise, Jr., J.
Defendant-appellant Jeffrey Hitchcock appeals the judgment
entered by the Fairfield County Common Pleas Court convicting
him of three counts of unlawful sexual conduct with a minor
(R.C. 2907.04(A), (B)(3)) following his plea of guilty and
sentencing him to two sixty-month terms of incarceration and
one term of five years community control, to be served
consecutively. Plaintiff-appellee is the state of Ohio.
OF THE FACTS AND CASE
Appellant engaged in a sexual relationship with a girl in his
neighborhood who was twenty-six years younger than he. The
victim would often babysit for Appellant's minor child.
The sexual relationship began when the victim was thirteen
years old and continued until she was fifteen years old.
When the victim was fifteen years of age, she delivered a
still-born baby at the Fairfield Medical Center. Although she
had been unaware of her pregnancy until this time, she
identified Appellant as the father. Authorities performed DNA
testing of the baby, which matched Appellant's DNA. When
police searched for Appellant, they found he had vacated his
home across the street from the victim, taking his belongings
with him. Police found Appellant in Kentucky.
Appellant admitted to engaging in sexual conduct with the
victim, and submitted to an additional DNA test which
reaffirmed he was the father of the still-born child.
Appellant was indicted by the Fairfield County Grand Jury
with four counts of unlawful sexual conduct with a minor in
violation of R.C. 2907.04(A) and (B)(3), all felonies of the
third degree, and endangering children in violation of R.C.
2919.22(A), a misdemeanor of the first degree.
On September 20, 2016, Appellant pled guilty to three counts
of unlawful sexual conduct with a minor, and the remaining
charges were dismissed. He was sentenced to sixty months
incarceration on Count One of the indictment, sixty months
incarceration on Count Two of the indictment, and five years
community control on Count Three of the indictment, with all
sentences to be served consecutively. The community control
sentence included nonresidential sanctions as well as an
evaluation for placement in a Community Based Correction
Facility (CBCF), with admission to be decided by the court at
a later date.
Appellant prosecutes this appeal from the judgment of
conviction and sentence of the Fairfield County Common Pleas
Court, assigning the following as error:
I. THE TRIAL COURT ERRED IN SENTENCING APPELLANT TO A TERM OF
COMMUNITY CONTROL CONSECUTIVE TO AN IMPOSED TERM OF PRISON.
II. THE TRIAL COURT ERRED IN SENTENCING APPELLANT TO THE
MAXIMUM SENTENCES AND TO CONSECUTIVE TERMS OF INCARCERATION
WHEN THE SENTENCES ARE NOT SUPPORTED IN THE RECORD.
In his first assignment of error, Appellant argues the court
erred in sentencing him to a term of community control
consecutive to his prison terms. We disagree.
Appellant argues his sentence is not authorized by R.C.
(A) Except as provided in division (B) of this section,
division (C) of section 2929.14, or division (D) or (E) of
section 2971.03 of the Revised Code, a prison term, jail
term, or sentence of imprisonment shall be served
concurrently with any other prison term, jail term, or
sentence of imprisonment imposed by a court of this state,
another state, or the United States. Except as provided in
division (B)(3) of this section, a jail term or sentence of
imprisonment for misdemeanor shall be served ...