from Shelby County Common Pleas Court Trial Court No.
G. Griffis for Appellant
H. Hegemann for Appellee
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.
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.
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
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
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
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.
Bradburn filed this appeal, asserting the following
assignments of error.
OF ERROR NO. 1
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
§ 2929.11 OR THE ...