Cases | 2007-Ohio-217(Ohio Ct. App. 2007) | 2018

The defendant pled guilty to gross sexual imposition, rape, and attempted rape and was sentenced to more than 21 years in prison. The defendant appealed, arguing the sentence was improper as it was based on evidence presented at the sentencing hearing that the defendant did not admit to as part of his plea agreement. The appellate court found it proper for the trial court to consider the record when determining sentence and that the record includes sentencing hearing testimony, presentence investigation reports, and victim impact statements. As the trial court’s sentence was based on the record, it was not improper. The sentence was affirmed.