FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CR-2018-03-0989
C. PATITUCE and CATHERINE R. MEEHAN, Attorneys at Law, for
BEVAN WALSH, Prosecuting Attorney, and C. RICHLEY RALEY, JR.,
Assistant Prosecuting Attorney, for Appellee.
DECISION AND JOURNAL ENTRY
A. TEODOSIO, JUDGE.
Appellant, Francisco Vasquez, appeals from the judgment of
the Summit County Court of Common Pleas. This Court affirms.
Mr. Vasquez sexually assaulted his biological daughter
("K.V") repeatedly when she was between the ages of
six and twelve years old. K.V.'s mother later discovered
K.V.'s diary, which stated: "Don't touch or
read, read only if I die." Fearing for her
daughter's safety, she read her daughter's diary,
which recounted the years of sexual abuse K.V. suffered at
the hands of her father as well as her suicidal thoughts.
K.V. had written a good-bye letter and a will, and had
detailed her funeral plans, the extent of her organ
donations, and the type of grave she wanted.
Mr. Vasquez was indicted on seven counts of rape, seven
counts of sexual battery, and seven counts of gross sexual
imposition. He eventually pled guilty to five counts of
sexual battery, all amended down to felonies of the third
degree, and the remaining counts were dismissed. The trial
court ordered a pre-sentence investigation report
("PSI"), victim impact statement, and psychosexual
evaluation to be prepared. The court later sentenced Mr.
Vasquez to five years in prison for each of the five counts
and ordered those sentences to be served consecutively to
each other, for a grand total of twenty-five years in prison.
Mr. Vasquez now appeals from the trial court's judgment
and raises two assignments of error for this Court's
review. Because both assignments of error challenge his
sentence and are overruled for the same reason, we will
consolidate and address them together.
OF ERROR ONE
TRIAL COURT ERRED IN SENTENCING APPELLANT TO A TWENTY-FIVE
YEAR TERM OF INCARCERATION.