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State v. Phillips

Court of Appeals of Ohio, Fifth District, Ashland

January 11, 2018

STATE OF OHIO Plaintiff-Appellee
v.
BRADLEY PHILLIPS Defendant-Appellant

         Criminal Appeal from the Court of Common Pleas, Case No. 16 CRI 208

          For Plaintiff-Appellee CHRISTOPHER R. TUNNELL PROSECUTING ATTORNEY VICTOR R. PEREZ ASSISTANT PROSECUTOR

          For Defendant-Appellant BRIAN A. SMITH, BRIAN A. SMITH LAW FIRM LLC.

          Hon. W. Scott Gwin, P.J., Hon. John W. Wise, J., Hon. Craig R. Baldwin, J.

          OPINION

          Wise, J.

         {¶1} Appellant Bradley Phillips appeals the May 22, 2017, decision of the Ashland County Court of Common Pleas denying his Motion to Vacate Judicial Sanction.

         {¶2} Appellee is the State of Ohio.

         STATEMENT OF THE FACTS AND CASE

         {¶3} On July 15, 2016, Appellant Bradley Phillips was indicted on three counts of unlawful sexual conduct with a minor, all felonies of the third degree and violations of R.C. §2907.04(A).

         {¶4} This case arose from a course of conduct where he engaged in multiple acts against the 14 year old female victim. The trial court stated that his acts against the victim, while entrusted to his care as her babysitter, were "one of the most serious type of offenses against another human being that you can engage in." (Sent. T. at 11).

         {¶5} The indictment and subsequent Bill of Particulars alleged that between June 1, 2015 and October 22, 2016, Appellant Phillips engaged in various sexual acts with a minor, "Jane Doe", when Appellant knew the minor was more than thirteen but less than sixteen years of age, or was reckless in that regard. (Bill of Particulars, Case No. 16-CRI-208, December 7, 2016, pp. 1-2).

         {¶6} On January 4, 2017, Appellant entered a plea of guilty to a single count of unlawful sexual conduct with a minor, with the remaining charges being dismissed on the State's motion pursuant to a negotiated plea agreement.

         {¶7} At the sentencing hearing, trial counsel for Appellant stressed that this was Appellant's first felony offense, and that Appellant was remorseful for his actions. The State acknowledged that this was his first felony offense but stated that that he did have a previous criminal record. The State also argued that there were three seriousness factors present that made this crime more serious than usual. Those factors are: (1) the injury to the victim was worsened by the physical or mental condition or age of the victim; (2) the victim suffered serious physical, psychological, or economic harm as a result of the offense; and (3) the offender committed the offense as part of the organized criminal activity that is planned activity engaged in over a period of time. The State stressed that this offense was committed against a 14-year-old girl.

         {¶8} During the sentencing hearing, the trial court heard from counsel for the Appellant, the State, the victim's mother, and the victim's ...


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