State v. Maggy

State: Ohio

Docket No: 2001-Ohio-1368

Case Date: 09/26/2001

Plaintiff: State

Defendant: Maggy

Preview:STATE OF OHIO )      IN THE COURT OF APPEALS )ss: NINTH JUDICIAL DISTRICT COUNTY OF MEDINA )
STATE OF OHIO  C.A. No. 3127-M
Appellee
v.  APPEAL FROM JUDGMENT
ENTERED IN THE
MICHAEL J. MAGGY  COURT OF COMMON PLEAS
COUNTY OF MEDINA, OHIO
Appellant  CASE No. 99 CR 0383

DECISION AND JOURNAL ENTRY Dated: September 26, 2001 This cause was heard upon the record in the trial court.  Each error assigned has been reviewed and the following disposition is made:
CARR, Judge
Defendant, Michael Maggy, appeals from his convictions on two counts of rape, two counts of gross sexual imposition, and one count of sexual battery in the Medina County Court of Common Pleas.  This Court affirms in part and reverses and remands in part.
I.
On October 20, 1999, Maggy was indicted on seven felony sexual offenses. Maggy was charged with: Count I, rape; Count II, rape by force; Count III, sexual battery; Count IV, gross sexual imposition; Count V, gross sexual imposition;

2

Count VI, gross sexual imposition; and Count VII, gross sexual imposition.  Five of the counts were charged as acts against children under thirteen years of age.
Pursuant to plea negotiations, Maggy pled guilty to two counts of rape, two counts of gross sexual imposition, and one count of sexual battery.  Maggy also agreed to the designation as a sexual predator pursuant to R.C. 2950.09 as part of his plea negotiations.  In return the state dismissed two counts of gross sexual imposition (Counts IV and V).
After a pre-sentence investigation, Maggy was sentenced on the rape counts (Counts I and II) to two life prison terms to be served consecutively.  Maggy was also sentenced to four years on the sexual battery conviction (Count III), four years on the gross sexual imposition conviction (Count VI), and twelve months on gross sexual imposition (Count VII).  All of these sentences were ordered to be served consecutively.
Pursuant to the plea agreement, the Court found Maggy to be a sexual predator as well.
Maggy filed a timely appeal and asserts three assignments of error on appeal.
II.
ASSIGNMENT OF ERROR I
THE TRIAL COURT

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