State v. Ake

Carr, Judge.

Defendant-appellant Michael F. Ake appeals from a sexual-predator adjudication in the Summit County Court of Common Pleas. This court reverses.

On November 10, 1987, the Summit County Grand Jury returned a secret indictment against Ake, charging him with one count of rape in violation of R.C. 2907.02(A)(1)(b). Ake initially pleaded not guilty to the charge, then later pleaded guilty to the lesser included offense of sexual battery, a violation of R.C. 2907.08, -with an accompanying physical-harm specification. In May 1988, Ake was sentenced to two to ten years’ incarceration.

Thereaf…