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State v. Vasquez

Court of Appeals of Ohio, Ninth District, Summit

December 31, 2019

STATE OF OHIO Appellee
v.
FRANCISCO VASQUEZ Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT, OHIO CASE No. CR-2018-03-0989

          JOSEPH C. PATITUCE and CATHERINE R. MEEHAN, Attorneys at Law, for Appellant.

          SHERRI BEVAN WALSH, Prosecuting Attorney, and C. RICHLEY RALEY, JR., Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          THOMAS A. TEODOSIO, JUDGE.

         {¶1} Appellant, Francisco Vasquez, appeals from the judgment of the Summit County Court of Common Pleas. This Court affirms.

         I.

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         II.

         ASSIGNMENT OF ERROR ONE

         THE TRIAL COURT ERRED IN SENTENCING APPELLANT TO A TWENTY-FIVE YEAR TERM OF INCARCERATION.

         ASSIGNMENT ...


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