 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Barnwell6/16/2005
this was only one of numerous factors considered by the trial court.
{ } In addition to the Static-99 score, the trial court noted that the age of the intended victim was 14 years old, and that Barnwell was 36 years old. See R.C. 2950.09(B)(3)(a) and (c). Thus, the disparity between Barnwell's age and the vulnerability of the intended victim weighed in favor of finding Barnwell to be a sexual predator. Additionally, the trial court relied on the evidence of Barnwell's mental illness relating to depression, as indicated in Caso's report. See R.C. 2950.09(B)(3)(g). Moreover, the court found Barnwell's prior convictions met the criterion in R.C. 2950.09(B)(3)(b).
{ } In light of this evidence, we find that the trial court's classification of Barnwell as a sexual predator is supported by clear and convincing evidence. Accordingly, the final assignment of error is overruled.
{ } The sexual predator classification is affirmed.
{ } Sentence is vacated and case is remanded for resentencing.
It is ordered that appellant recover of appellee his costs herein taxed.
It is ordered that a special mandate issue from this court to the Cuyahoga County Court of Common Pleas to carry this judgment into execution. A certified copy of this entry shall constitute the mandate pursuant to Rule 27 of the Rules of Appellate Procedure.
ANN DYKE, P.J. and KENNETH A. ROCCO, J. CONCUR
COLLEEN CONWAY COONEY JUDGE
|