State v. Offenberger, 06ca22 (5-22-2007)

DECISION AND JUDGMENT ENTRY

{¶ 1} After Trent Offenberger pled guilty to the attempted rape of his 12-year-old daughter, the trial court determined he was a sexual predator. In order to make that determination, the court had to find by clear and convincing evidence that Offenberger was guilty of committing a sexually oriented offense and that he is likely to engage in similar conduct in the future. In this appeal, Offenberger contests the second finding on the basis it is not supported by clear and convincing evidence.

{¶ 2} R.C. 2950.09(B)(3) provides a nonexclusive list of factors the court…