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State v. Bradburn

Court of Appeals of Ohio, Third District, Shelby

June 24, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
RANDY L. BRADBURN, DEFENDANT-APPELLANT.

          Appeal from Shelby County Common Pleas Court Trial Court No. 18CR000078

          Justin G. Griffis for Appellant

          Heath H. Hegemann for Appellee

          OPINION

          SHAW, J.

         {¶1} Defendant-appellant, Randy L. Bradburn ("Bradburn"), appeals the December 10, 2018 Judgment Entry of Sentence issued by the Shelby County Court of Common Pleas journalizing his conviction after entering a guilty plea to one count of Rape in violation of R.C. 2907.02(A)(1)(b), and sentencing him to life in prison without the possibility of parole. On appeal, Bradburn argues that the sentence imposed by the trial court is not supported by the record and is clearly and convincingly contrary to law. Bradburn also claims that his counsel was ineffective during the sentencing hearing.

         Procedural Background

         {¶2} On March 8, 2018, the Shelby County Grand Jury returned a three-count indictment against Bradburn alleging that he committed two counts of Rape in violation of R.C. 2907.02(A)(1)(b), a felony of the first degree, and one count of Gross Sexual Imposition, in violation of R.C. 2907.05(A)(4), a felony of the third degree. The charges stemmed from allegations that Bradburn engaged in sexual conduct with a female relative, who was under the age of ten.

         {¶3} On March 23, 2018, the trial court ordered a competency examination to determine whether Bradburn is competent to stand trial and on May 23, 2018, the trial court found Bradburn competent to stand trial based upon a psychological evaluation report admitted by joint stipulation at a hearing.[1]

         {¶4} On September 28, 2018, pursuant to a negotiated plea agreement, Bradburn entered a plea of guilty to one count of first degree felony Rape as charged in the indictment. As a result of the plea agreement, the remaining two counts listed in the indictment were dismissed. Sentencing was scheduled for a later date pending the completion of a pre-sentence investigation.

         {¶5} On November 14, 2018, the trial court granted a motion to continue the sentencing hearing filed by Bradburn. In this motion, Bradburn requested that a second pre-sentence investigation be conducted on the basis that he did not feel comfortable answering the questions regarding the underlying rape offense posed by the female interviewer. Accordingly, the trial court permitted a second pre-sentencing investigation of Bradburn to be completed by a male interviewer.

         {¶6} On December 10, 2018, Bradburn appeared for sentencing. Due to the nature of the conviction, the discretion of the trial court in imposing the sentence was limited because the statute required the trial court to impose a life sentence upon Bradburn. Thus, the only issue before the trial court was whether Bradburn would be eligible for parole after fifteen years or whether he would be sentenced to life in prison without the possibility of parole. After stating its findings on the record, the trial court sentenced Bradburn to a prison term of life without the possibility of parole and classified him as a Tier III sex offender.

         {¶7} Bradburn filed this appeal, asserting the following assignments of error.

         ASSIGNMENT OF ERROR NO. 1

         THE SENTENCE IMPOSED BY THE SENTENCING COURT IS CONTRARY TO LAW BECAUSE IT FAILS TO REFLECT CONSIDERATION OF THE PURPOSES AND PRINCIPLES OF FELONY SENTENCING CONTAINED IN REVISED CODE ยง 2929.11 OR THE ...


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