State of Ohio v. Marvin D. Bair

State: Ohio

Docket No: 2000-Ohio-1837

Case Date: 05/23/2000

Plaintiff: State of Ohio

Defendant: Marvin D. Bair

Preview:COURT OF APPEALS THIRD APPELLATE DISTRICT SENECA COUNTY

STATE OF OHIO PLAINTIFF-APPELLEE v. MARVIN D. BAIR DEFENDANT-APPELLANT OPINION CASE NO. 13-2000-01

CHARACTER OF PROCEEDINGS: Criminal appeal from Common Pleas Court JUDGMENT: Judgment affirmed DATE OF JUDGMENT ENTRY: May 23, 2000

ATTORNEYS: MR. GENE P. MURRAY Attorney at Law Reg. No. 0006962 227 West Center Street Fostoria, Ohio 44830 For Appellant MR. KENNETH H. EGBERT, JR. Prosecuting Attorney Reg. No. 0042321 MR. JOHN P. KOLESAR Reg. No. 0065487 81 Jefferson Street Tiffin, Ohio 44883 For Appellee

Case No. 13-2000-01

HADLEY, P.J. The defendant-appellant, Marvin D. Bair ("appellant") appeals the judgment of the Seneca County Court of Common Pleas adjudicating him to be a sexual predator pursuant to R.C. 2950.09. For the following reasons, we affirm the judgment of the trial court. The procedural history of this case is as follows. On February 4, 1997, the appellant plead guilty to one count of attempted rape, in violation of R.C. 2923.02 and 2907.02(A)(1)(b), one count of attempted felonious penetration, in violation of R.C. 2923.02 and 2907.12(A)(1)(b), and one count of gross sexual imposition, in violation of R.C. 2907.05(A)(3). The appellant was sentenced to indeterminate terms of seven to fifteen years imprisonment on the first two charges and a definite term of two years imprisonment on the third charge. All the aforementioned sentences were ordered to be served concurrently. While serving his prison term, the Ohio Department of Rehabilitation and Corrections recommended that the appellant be classified a sexual predator. A hearing was held on November 29, 1999, in the Seneca County Court of Common Pleas. At the conclusion of the hearing, the trial court found that the appellant was a sexual predator pursuant to R.C. 2950.09. It is from this judgment that the appellant appeals, asserting two assignments of error. Assignment of Error No. 1 The trial court reversibly erred, as its sexual predator determination was against the manifest weight of the evidence,

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Case No. 13-2000-01

thereby violating O.R.C.

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