Court of Appeals of Ohio, Sixth District, Sandusky
Court No. 16CR922
Timothy Braun, Sandusky County Prosecuting Attorney, Mark E.
Mulligan and Kaitlin E. Klucas, Assistant Prosecuting
Attorneys, for appellee.
Danielle C. Kulik, for appellant.
DECISION AND JUDGMENT
1} This is an appeal from an April 17, 2017 judgment
of the Sandusky County Court of Common Pleas, sentencing
appellant to a one-year term of incarceration following
appellant's jury conviction on one count of importuning,
in violation of R.C. 2907.07(D)(1), a felony of the fifth
degree. For the reasons set forth below, this court affirms
the judgment of the trial court.
2} Appellant, Robert J. Cowdrey, sets forth the
following three assignments of error:
I. The court erred in denying the motion to suppress.
II. The court erred in denying the motion for acquittal.
III. The court erred in sentencing defendant to the maximum
3} The following undisputed facts are relevant to
this appeal. In 2016, appellant, a 52-year-old man from
Sandusky County, Ohio, became acquainted with a 13-year-old
4} Appellant became introduced to the victim through
his teenage daughter. Appellant's daughter was dating a
boy who was a personal friend of the victim's boyfriend.
Subsequent to becoming familiar with the victim, appellant
became infatuated with her and eventually obtained her mobile
5} On February 15, 2016, the victim's mother
conducted a routine parental check of her daughter's
mobile phone. The victim's mother discovered multiple
sexually aggressive, manipulative, and sexually solicitous
text messages that appellant had sent to her daughter on
January 21, 2016.
6} In a series of increasingly sexualized text
messages, appellant inquired of the 13-year-old girl
regarding her specific sexual experiences, desires, and
activities with her teenage boyfriend. Appellant feigned
concern and attempted to manipulate her into privately
meeting with appellant so that he could "train" her
in various sexual activities.
7} For example, appellant texted the victim,
"So do you like your neck kissed a lot * * * slowly
working up your lips and kissing you?" Appellant went on
to text, "Have you ever touched your breasts and played
with them yourself?" The clear objective of
appellant's communications with the victim was reflected
in appellant's texts stating, "Eas[ier] to show you
then explain * * * Like [you] do sexual stuff ...