Court of Appeals of Ohio, Eighth District, Cuyahoga
Appeal from the Cuyahoga County Court of Common Pleas Case
ATTORNEYS FOR APPELLANT Mark A. Stanton Cuyahoga County
Public Defender John T. Martin Assistant Public Defender
ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga
County Prosecutor By: Daniel T. Van Assistant County
BEFORE: McCormack, J., E.A. Gallagher, P.J., and Celebrezze,
JOURNAL ENTRY AND OPINION
Defendant-appellant Raymond Durant appeals his sexual
predator classification. For the reasons that follow, we
On April 29, 1993, Durant pleaded guilty to one count of rape
in violation of R.C. 2907.02 and one count of aggravated
robbery in violation of R.C. 2923.02 and 2911.01. Both counts
stem from an incident that occurred on November 19, 1992.
Durant, then 19 years old, came upon his 28-year-old victim
while she was jogging in Forest Hills Park. Intending to rob
the victim, Durant produced a weapon and led her to a
secluded area. Durant took the victim's rings, ordered
her to remove her clothes, and then raped her.
On June 15, 1993, the trial court sentenced Durant to a
maximum of 25 years in prison.
On August 2, 2016, in preparation for Durant's release,
the trial court conducted an H.B. 180 hearing. As a result of
that hearing, Durant was classified as a sexual predator.
Durant now appeals, arguing in two assignments of error that
the trial court erred in classifying him as a sexual
predator. Specifically, Durant argues that (1) the trial
court did not address the likelihood that he would reoffend,
and (2) the state failed to prove by clear and convincing
evidence that Durant is likely to engage in the future in one
or more sexually oriented offenses.
Former R.C. 2950.01 et seq., codified under H.B. 180 and
popularly known as "Megan's Law, " created
three classifications for sexual offenders: sexually oriented
offender, habitual sex offender, and sexual predator.
See former R.C. 2950.09.
The sexual predator classification attaches automatically in
those cases where an offender is convicted of a violent
sexually oriented offense and a specification alleging that
he or she is a sexually violent predator. State v.
Cook, 83 Ohio St.3d 404, 407, 700 N.E.2d 570 (1998),
citing former R.C. 2950.09(A). In all other cases of sexually
oriented offenders, including the instant case, the trial
court may designate the offender as a sexual predator
"only after holding a hearing where the offender is
entitled to be represented by counsel, testify, and call and
cross-examine witnesses." Id., citing former
R.C. 2950.09(B)(1) and (C)(2).
A sexual predator is "a person who has been convicted of
or pleaded guilty to committing a sexually oriented offense
and is likely to engage in the future in one or more ...