The Twelfth District Court of Appeals has vacated a twenty year rape sentence imposed on an elderly man.
Joshua Adam Engel represented the defendant in this appeal.
The case is State v. Stamper.
The Defendant pled guilty to three counts of rape in violation of R.C. 2907.02(A)(1)(c) (first-degree felonies).
In exchange for appellant’s guilty plea, the gross sexual imposition charge was merged, and appellant’s sentence upon conviction was to be “capped at 10 years per count, no life sentence.” At the time of the plea, the defendant was 74 years old.
Following a sentencing hearing, the trial court sentenced the defendant to ten years in prison on each count of rape, and ordered that two of the sentences be served consecutively, for an aggregate prison term of 20 years.
The Court of Appeals concluded that the trial court did not err in imposing maximum prison terms. However, the found that the consecutive nature of the sentences was improperly imposed because the trial court did not make the required statutory findings on the record at sentencing.
The cases was sent back to the Butler County Common Pleas Court for a new sentencing hearing.