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State v. Bynum

Court of Appeals of Ohio, Third District, Shelby

August 5, 2019

STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
GARY L. BYNUM, DEFENDANT-APPELLANT.

          Appeal from Shelby County Common Pleas Court Trial Court No. 18CR000152

          Ryan S. Reed for Appellant

          Timothy S. Sell for Appellee

          OPINION

          PRESTON, J.

         {¶1} Defendant-appellant, Gary L. Bynum ("Bynum"), appeals the October 3, 2018 judgment of sentence of the Shelby County Court of Common Pleas. For the reasons that follow, we affirm.

         {¶2} This case arises from a series of incidents in which Bynum engaged in sexual conduct with O.H., who was between 13 and 14 years old at all times relevant to Bynum's offenses. (See Oct. 3, 2018 Tr. at 12). Bynum was O.H.'s legal guardian. (Id.). Starting when O.H. was 13 years old, Bynum and O.H. would engage in sexual intercourse and other sexual acts two or three times per month. (Id.). This continued for nearly a year until Bynum's wife learned about the abuse after reading O.H.'s diary. (Id.).

         {¶3} On May 31, 2018, the Shelby County Grand Jury indicted Bynum on 13 counts: Counts One through Twelve of sexual battery in violation of R.C. 2907.03(A)(5), (B), third-degree felonies, and Count Thirteen of intimidation of a victim in a criminal case in violation of R.C. 2921.04(B)(1), (D), a third-degree felony. (Doc. No. 1). On June 7, 2018, Bynum appeared for arraignment and pleaded not guilty to the counts of the indictment. (Doc. No. 20).

         {¶4} A change of plea hearing was held on August 13, 2018. (See Doc. No. 44). Pursuant to a negotiated plea agreement, Bynum withdrew his previous not guilty pleas and pleaded guilty to Counts One and Two of the indictment. (Doc. Nos. 43, 44). In exchange, the State agreed to move for dismissal of Counts Three through Thirteen of the indictment. (Doc. Nos. 43, 44). The trial court accepted Bynum's guilty pleas, found him guilty, and ordered a presentence investigation. (Doc. No. 44). Furthermore, Counts Three through Thirteen of the indictment were dismissed.

         {¶5} On October 3, 2018, the trial court sentenced Bynum to 54 months in prison on Count One and 54 months in prison on Count Two, to be served consecutively for an aggregate term of 108 months' imprisonment. (Doc. No. 56).

         {¶6} Bynum filed a notice of appeal on November 2, 2018. (Doc. No. 70). He raises two assignments of error, which we will address together.

         Assignment of Error No. I

         The sentence imposed by the sentencing court is contrary to law because it fails to reflect any consideration of the purposes and principles of felony sentencing contained in Revised Code § 2929.11 or the seriousness and recidivism factors of Revised Code § 2929.12.

         Assignment of Error No. II

         The sentencing court committed abuse of discretion when it imposed maximum and consecutive sentences upon Mr. Bynum, a ...


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