Court of Appeals of Ohio, Fifth District, Ashland
Appeal from the Court of Common Pleas, Case No. 16 CRI 208
Plaintiff-Appellee CHRISTOPHER R. TUNNELL PROSECUTING
ATTORNEY VICTOR R. PEREZ ASSISTANT PROSECUTOR
Defendant-Appellant BRIAN A. SMITH, BRIAN A. SMITH LAW FIRM
W. Scott Gwin, P.J., Hon. John W. Wise, J., Hon. Craig R.
Appellant Bradley Phillips appeals the May 22, 2017, decision
of the Ashland County Court of Common Pleas denying his
Motion to Vacate Judicial Sanction.
Appellee is the State of Ohio.
OF THE FACTS AND CASE
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.
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).
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).
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.
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.
During the sentencing hearing, the trial court heard from
counsel for the Appellant, the State, the victim's
mother, and the victim's ...