Franklin County Court of Appeals Reverses Consecutive Sentences


A man was accused of sexually abusing his stepdaughter after she was diagnosed with genital herpes three years after the alleged abuse began. This case was tried to jury, and after four days, the jury found him guilty of all the charges. The defendant in this case was adjudicated guilty for four counts of gross sexual imposition (3rd degree felonies), one count of disseminating matter harmful to a juvenile (4th degree felony) and five counts of rape (1st degree felonies). Part of the defendant's sentence included serving his sexual imposition and rape sentences consecutively, which equated to a prison term of 70 years to life. He was also sentenced to register as a Tier III sex offender, the most severe classification of sex offender. In these sex offense convictions, it was error to impose consecutive sentences for rape and gross sexual imposition since sentencing took place after the effective date of H.B. No. 86, and court failed to make the findings required by R.C. 2929.14(C)(4).