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Silknitter v. Warden

United States District Court, S.D. Ohio, Eastern Division

August 22, 2019

WILLIAM SILKNITTER, Petitioner,
v.
WARDEN, ALLEN CORRECTIONAL INSTITUTION, Respondent.

          ALGENON L. MARBLEY JUDGE.

          REPORT AND RECOMMENDATION

          Elizabeth A. Preston Deavers Chief United States Magistrate Judge.

         Petitioner, a state prisoner, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This matter is before the Court on the Petition, Respondent's Return of Writ, and the exhibits of the parties. For the reasons that follow, the Undersigned RECOMMENDS that this action be DISMISSED.

         I. Facts and Procedural History

         Petitioner challenges his convictions pursuant to his guilty plea in the Union County Court of Common Pleas on six counts of sexual battery. The Ohio Third District Court of Appeals summarized the facts and procedural history of the case as follows:

{¶ 2} This case stems from allegations that Silknitter sexually abused his stepdaughter, D.D., between 2002 and 2014, when D.D. was between the ages of 7 and 19 years old. (See Doc. No. 114). After initially indicting Silknitter on September 2, 2014, the Union County Grand Jury on July 10, 2015 indicted him on 64 counts. (Doc. Nos.1, 87). Those 64 counts consisted of the following: 6 counts of rape in violation of R.C. 2907.02(A)(1)(b), (B), first-degree felonies; 5 counts of gross sexual imposition in violation of R.C. 2907.05(A)(4); 27 counts of rape in violation of R .C. 2907.02(A)(2), (B), first-degree felonies; 12 counts of sexual battery in violation of R.C. 2907.03(A)(5), (B), third-degree felonies; 12 counts of gross sexual imposition in violation of R.C. 2907.05(A)(1), (C)(1), fourth-degree felonies; 1 count of intimidation of an attorney, victim, or witness in a criminal case in violation of R.C. 2921.04(B)(1), (D), a third-degree felony; and 1 count of intimidation of an attorney, victim, or witness in a criminal case in violation of R.C. 2921.04(B)(2), (D). (Doc. No. 87). Silknitter initially pled not guilty to the counts. (See Doc. No. 98).
{¶ 3} On January 19, 2016, Silknitter and the State entered into a negotiated plea agreement. (Doc. No. 167). Under the agreement, Silknitter entered pleas of guilty to six counts of sexual battery in violation of R.C. 2907.03(A)(5), (B), third-degree felonies. (Id.). At the request of the State, the trial court dismissed the remaining counts of the superseding indictment. (Id.).
{¶ 4} The trial court held a sentencing hearing and a sex-offender-registration hearing on March 3, 2016. (Mar. 3, 2016 Tr. at 4). The trial court sentenced Silknitter to 48 months in prison on each of the six counts of sexual battery, to be served consecutively for a total term of imprisonment of 288 months. (Id. at 88); (Doc. No. 172). The trial court also classified Silknitter as a Tier III sex offender. (Mar. 3, 2016 Tr. at 92); (Doc. No. 173). The trial court filed its judgment entries of sentence and sex-offender classification on March 3, 2016. (Doc. Nos.172, 173).
{¶ 5} On March 30, 2016, Silknitter filed a notice of appeal. (Doc. No. 178). He raises seven assignments of error for our review. We will address together Silknitter's first, second, third, and fourth assignments of error, followed by his fifth, sixth, and seventh assignments of error individually.
Assignment of Error No. I
The trial court failed to consider factors enumerated in R.C. 2929.12(E) which, if applied to Appellant, would show that he is not likely to commit future crimes; therefore, the trial court's sentence was unreasonable, contrary to law and inconsistent with the purposes of felony sentencing.
Assignment of Error No. II
The trial court's order imposing consecutive sentences on Appellant is not supported by the facts in this case and is ...

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