Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Lugo

Court of Appeals of Ohio, Eighth District, Cuyahoga

July 19, 2018

STATE OF OHIO PLAINTIFF-APPELLEE
v.
ISRAEL D. LUGO DEFENDANT-APPELLANT

          Criminal Appeal from the Cuyahoga County Court of Common Pleas Case Nos. CR-16-610725-B and CR-17-614446-A

          ATTORNEY FOR APPELLANT Erin R. Flanagan Erin R. Flanagan, Esq., Ltd.

          ATTORNEYS FOR APPELLEE Michael C. O'Malley Cuyahoga County Prosecutor By: Denise J. Salerno Daniel T. Van Assistant Prosecuting Attorneys

          BEFORE: S. Gallagher, J., E.A. Gallagher, A.J., and Stewart, J.

          JOURNAL ENTRY AND OPINION

          SEAN C. GALLAGHER, J.

         {¶1} Israel Lugo appeals his being classified as a sexual predator under the version of R.C. 2950.09 in effect at the time of the offense. He appeals no other aspect of his convictions for rape and the unrelated vehicular manslaughter.

         {¶2} According to the prosecutor, in 2004, the victim blacked out from her voluntary, but excessive, consumption of alcohol or drugs. She awoke in the backseat of her locked car the next morning wearing nothing but a sweatshirt. A condom wrapper was found on the floorboard. Unable to recall the events of the previous evening, the victim immediately sought medical attention, during which time DNA evidence was preserved.

         {¶3} The DNA was eventually tested, and Lugo was identified.

         {¶4} Lugo pleaded guilty to rape under R.C. 2907.02(A)(1)(c), in which an offender is prohibited from engaging in sexual conduct with another when the offender knows the other person's ability to resist or consent is substantially impaired because of mental or physical condition. Lugo told investigators that he does not recall the encounter because he was under the influence of alcohol and drugs at the time.

         {¶5} Former R.C. Chapter 2950, known as "Megan's Law," created three classifications for sexual offenders: sexually oriented offender, habitual sex offender, and sexual predator. The state concedes that the second classification, habitual sex offender, does not apply in this case. Former R.C. 2950.01(E) defined a "sexual predator" as "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 sexually oriented offenses." In making a sexual predator determination, the trial court was required to consider all relevant factors, including, but not limited to the factors listed in former R.C. 2950.09(B)(2):

(a) The offender's age;
(b) The offender's prior criminal record regarding all offenses, including, but not limited to, all sexual offenses;
(c) The age of the victim of the sexually oriented offense for which sentence is to be imposed;
(d) Whether the sexually oriented offense for which sentence is to be imposed ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.