Baker re-sentenced following appeal

A Hillsboro man was brought before Highland County Common Pleas Court for re-sentencing Tuesday, following a judgment by Ohio's Fourth District Court of Appeals.

Kyle Baker was indicted in 2010 on one count of rape, a felony of the first degree. and one count of gross sexual imposition, a felony of the third degree. In February 2011, Baker pleaded guilty to an amended charge of sexual battery, a felony of the second degree; and the gross sexual imposition charge was dismissed. 

Baker was sentenced to four years in prison. The victim in the case was 10 years old, and Baker was told by the court that he would be classified as a tier III sex offender/child victim offender.

In March, the court of appeals found that there was no merit in Baker's one assignment of error in the appeal, which alleged that "The sexual offender classification scheme is unconstitutional, and the trial court's classification of appellant as a tier III/child victim offender is in violation of his right to due process." 

"However, the sentencing entry dated. Feb. 14, 2011, does not contain a statement regarding (Baker's) sexual offender classification," according to the court of appeals. "It is from this sentencing entry that (Baker) now brings his timely appeal," the court of appeals wrote.

On Tuesday, Baker was returned to Highland County Common Pleas Court from the North Central Correctional Institution in Marion, where he was classified as a tier III/child victim offender. The appeal did not impact the amount of prison time he received, and he will still serve four years.

Former Assistant Highland County Prosecutor David Henry represented the state when the case was in Highland County Common Pleas Court. Highland County Prosecutor Anneka Collins represented the state in the appeal. Attorney Susan Zurface Daniels represented Baker on appeal, but he had been represented by Michael Kelly during the local court proceedings.