Court of Appeals of Ohio, Seventh District, Mahoning
Criminal Appeal from the Court of Common Pleas of Mahoning
County, Ohio Case No. 2016 CR 1045
Affirmed. Atty. Paul J. Gains, Mahoning County Prosecutor and
Atty. Ralph M. Rivera, for Plaintiff-Appellee
Wesley A. Johnston, for Defendant-Appellant.
BEFORE: Cheryl L. Waite, Gene Donofrio, David A.
OPINION AND JUDGMENT ENTRY
Appellant Arnold J. Perry appeals his 27 year sentence
entered June 12, 2018 in the Mahoning County Common Pleas
Court. Appellant received this prison term following his
convictions on two counts of rape and one count of sexual
battery. Based on the record in this matter, Appellant's
sentence is not clearly and convincingly contrary to law and
the record supports the sentence. Appellant's assignment
is without merit and the judgment of the trial court is
and Procedural History
The underlying facts in the record are limited. Appellant was
apparently homeless for a time and the victims' mother
allowed him to stay in her home. Appellant subsequently
repeatedly raped the mother's 14 year old twins and
another 12 year old daughter. All three children subsequently
became pregnant at approximately the same time. One of the 14
year old children's pregnancy was detected early and the
pregnancy was terminated. Because the other two
children's pregnancies were not detected until later in
gestation, these children gave birth. The infants reside in
the home with the victims and the victims' mother who
acts as the primary caretaker.
Appellant was indicted on September 15, 2016 on two charges
of rape, felonies in the first degree, and two counts of
unlawful sexual conduct with a minor, felonies in the third
degree. On February 16, 2017, an amended superseding
indictment was filed charging Appellant with two counts of
rape, in violation of R.C. 2907.02(A)(2), (B), felonies in
the first degree; three counts of unlawful sexual conduct
with a minor, in violation of R.C. 2907.04(A), (B)(3),
felonies in the third degree; one count of sexual battery, in
violation of R.C. 2907.03(A)(3), (B), felonies in the third
degree; and one count of rape, in violation of R.C.
2907.02(A)(1)(b), (B), felony/life.
On November 14, 2017, Appellant pleaded guilty to two counts
of rape, each a felony in the first degree; and one count of
sexual battery, a third degree felony. The state dismissed
the remaining charges.
A sentencing hearing was held on February 8, 2018. Appellant
was sentenced to eleven years of incarceration for count one,
rape, in violation of R.C. 2907.02(A)(2), (B); a felony in
the first degree; five years for count five, sexual battery,
in violation of R.C. 2907.03(A)(3), (B), a felony of the
third degree; and eleven years on count seven, rape, in
violation of R.C. 2907.02(A)(2), (B), a felony of the first
Defendant filed a delayed notice of appeal on June 4, 2018.
App.R. 5(A) allows a criminal defendant to file a motion for
leave to appeal after the expiration of the 30-day period
provided by App.R. 4(A). Appellant contended that he was not
timely notified of his right to appeal and his right to
counsel on appeal. While his sentencing entry indicates that
Appellant was notified of his appellate rights under R.C.
2953.08, there is no mention of the right to counsel or of
his Crim.R. 32(B) appellate rights. Thus, we concluded on
July 12, 2018, that the delay in filing this appeal was
TRIAL COURT ERRED WHEN IT SENTENCED APPELLANT TO CONSECUTIVE
PRISON TERMS WHEN CLEARLY AND CONVINCINGLY THE ...