from the Franklin County Court of Common Pleas No. 14CR-3744
O'Brien, Prosecuting Attorney, and Seth L. Gilbert, for
Hemminger Law Firm, LLC, and Chad K. Hemminger, for
1} This is an appeal by defendant-appellant, Mathias
D. Petty, from a judgment of the Franklin County Court of
Common Pleas resentencing him pursuant to a remand order from
this court regarding consecutive sentence findings.
2} On July 16, 2014, appellant was indicted on one
count of rape, in violation of R.C. 2907.02, and one count of
importuning, in violation of R.C. 2907.07(A). The rape count
included a repeat violent offender specification.
3} The following background facts are taken from
this court's decision in State v. Petty, 10th
Dist. No. 15AP-950, 2017-Ohio-1062, rendered following
appellant's direct appeal of his judgment of conviction
and sentence for rape and importuning. At trial, C.A., a
female, who was age 12 at the time of the events, testified
that on June 10, 2014, she began using an app called
"the Badoo app." Id. at ¶ 3. The app
is "use[d] * * * 'to meet people, ' [and a] user
is supposed to be 18 or older." Id.
4} In July 2014, "C.A. began communicating
through the Badoo app with a particular individual whose
screen name was 'T-h-a-i, ' " and "[t]hey
began talking about '[g]iving head, sex, stuff that
shouldn't have been talking about.' "
Id. at ¶ 4. C.A. did not disclose her age to
this individual, and C.A. "did not know the age of the
other individual." Id. According to C.A.,
"Thai first brought up the topic of oral sex on the
5} On July 5, 2014, C.A. and her mother were at
C.A.'s aunt's house. That evening, C.A. and Thai had
been exchanging text messages. Later that night, C.A. went
outside on the porch because the individual texting her
wanted to " 'come over, and [she] said okay.'
" Id. at ¶ 6. The individual was asking
C.A. for her address, and C.A. testified: "[h]e was
asking me if I was going to do it then. I needed to do it,
and if I wasn't, then he doesn't have to come.'
" Id. C.A "defined 'it' as he
wanted her to [p]erform oral sex." Id.
6} At trial, C.A. identified appellant as Thai, the
individual who arrived at her aunt's house that evening.
Thai arrived and walked up to the porch. C.A. was texting at
the time, and Thai "said, '[y]ou look pretty
occupied, and I said okay. * * * Then he said, [i]f
you're not going to do it, I can just leave. * * * I said
okay, and I stopped texting. * * * He asked me if he wanted
to - - if I was going to pull it out or if he was.'
" Id. at ¶ 7.
7} C.A. testified that appellant "unzipped his
pants. 'He took it out, and I got down on my knees, and I
started sucking - - I started giving oral sex.' "
Id. at ¶ 8. C.A. testified that she "put
appellant's penis in her mouth. Appellant 'was moving
my head' with his hand." Id.
8} C.A.'s mother then came out on the porch
"and 'started yelling.' Her mother 'was
cussing a lot.' " Id. at ¶ 9. C.A.
"stood up and her mother 'asked what * * * did I
just do, and I said, [n]othing. I wouldn't tell her the
truth. And then she started getting louder, and then
that's when everybody in the kitchen came outside.'
" Id. C.A. testified appellant appeared to be
"cornered" on the porch as other members of the
family came outside, but appellant "then jumped over the
banister, and he ran to his car across the street and drove
away." Id. at ¶ 10.
9} C.A. initially told the responding officer that
nothing occurred. C.A. "did not tell the truth because
she did not want to deal with the consequences."
Id. at ¶ 11. Later, at the hospital, she told a
detective what happened. The detective showed her a
photographic array, and C.A. picked appellant's
photograph from the array and identified him as the
individual who appeared on the porch that evening.
10} On July 5, 2014, Columbus Police Officer David
Schulz responded to a dispatch regarding a reported sexual
assault of a minor. Officer Schulz spoke with C.A.'s
mother, L.A., "who was 'frustrated, upset, and just
distraught all around.' " Id. at ¶ 13.
L.A. gave the officer her daughter's phone, and the
officer was able to view some messages and "learned that
the daughter had used a message service through an app
identified as 'Badoo.' " Id. at ¶
14. A family friend "provided the name of suspect