Court of appeals remands case to local court for re-sentencing
Lead Summary
By
Brandy Chandler-brandychandler@gmail.com
Ohio's Fourth District Court of Appeals has remanded a case back to Highland County Common Pleas Court for re-sentencing for a "deficiency" in the sentencing entry, but found that there was "no merit" to the sole assignment of error raised in the appeal.
Kyle Baker, of Highland County, 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.
The court noted that the victim was 10 years old at the time of the offense. The local court's sentencing entry did not include a statement that Baker is a tier III/child victim offender, according to the appeals court entry, which is what prompted the re-sentencing.
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.
According to the entry from the court of appeals filed online last week, the court could find "no merit to the sold assignment of error," but "after independently reviewing the record, we have found a deficiency in the sentencing entry." Additionally, (Daniels) wrote that, "she cannot find a meritorious claim for appeal. As a result, (Daniels) has moved to withdraw," which the court granted.
During the Feb. 14, 2011 sentencing hearing, according to the court of appeals, the local court sentenced Baker to four years in prison, and informed him that he was classified as a tier III sex offender/child victim offender, and explained to Baker the requirements and restrictions of that classification.
"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."
Daniels filed an "Anders brief" to withdraw from the case, which is filed when "counsel has conscientiously examined the record, can discern no meritorious claims for appeal, and has determined the case to be wholly frivolous. Counsel's request to withdraw must be accompanied with a brief identifying anything in the record that could arguably support the client's appeal."
One "potential assignment of error" was filed, which stated, "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."
The court was in agreement that, "an appeal based upon an argument that Ohio's sexual offender classification system is unconstitutional, at least with respect to original classifications, would be wholly frivolous."
Ohio's Fourth District Court of Appeals has remanded a case back to Highland County Common Pleas Court for re-sentencing for a "deficiency" in the sentencing entry, but found that there was "no merit" to the sole assignment of error raised in the appeal.
Kyle Baker, of Highland County, 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.
The court noted that the victim was 10 years old at the time of the offense. The local court's sentencing entry did not include a statement that Baker is a tier III/child victim offender, according to the appeals court entry, which is what prompted the re-sentencing.
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.
According to the entry from the court of appeals filed online last week, the court could find "no merit to the sold assignment of error," but "after independently reviewing the record, we have found a deficiency in the sentencing entry." Additionally, (Daniels) wrote that, "she cannot find a meritorious claim for appeal. As a result, (Daniels) has moved to withdraw," which the court granted.
During the Feb. 14, 2011 sentencing hearing, according to the court of appeals, the local court sentenced Baker to four years in prison, and informed him that he was classified as a tier III sex offender/child victim offender, and explained to Baker the requirements and restrictions of that classification.
"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."
Daniels filed an "Anders brief" to withdraw from the case, which is filed when "counsel has conscientiously examined the record, can discern no meritorious claims for appeal, and has determined the case to be wholly frivolous. Counsel's request to withdraw must be accompanied with a brief identifying anything in the record that could arguably support the client's appeal."
One "potential assignment of error" was filed, which stated, "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."
The court was in agreement that, "an appeal based upon an argument that Ohio's sexual offender classification system is unconstitutional, at least with respect to original classifications, would be wholly frivolous."