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State v. Ludwick2/13/2004
milar import. In Nicholas, as in the case sub judice, all of the acts occurred during a relatively short period of time. The court's rationale was that the three crimes involved separate and distinct sexual activity.
. Ludwick was convicted of one count anal rape, one count vaginal rape, one count of rape by fellatio, and one count of rape by means of forcing the victim to digitally penetrate her anus. These are distinct and separate sexual acts. Therefore, the trial court did not err by convicting and sentencing Ludwick on all four counts.
. Ludwick's eighth assignment of error is without merit.
. Ludwick's ninth assignment of error is:
. "The trial court erred to the prejudice of appellant in classifying him as a sexual predator."
. A trial court has to determine by clear and convincing evidence that the offender is a sexual predator. In making its determination, a trial court should consider all relevant factors, which include, but are not limited to, the following:
. "(1) he offender's age; (2) the offender's prior criminal record; (3) the age of the victim; (4) whether the sexually oriented offense for which sentence was imposed involved multiple victims; (5) whether the offender used drugs or alcohol to impair the victim or to prevent the victim from resisting; (6) whether the offender has participated in available programs for sexual offenders; (7) any mental illness or mental disability of the offender; (8) the nature of the offender's conduct and whether that conduct was part of a demonstrated pattern of abuse; (9) whether the offender displayed cruelty during the commission of the crime; and (10) any additional behavioral characteristics that contributed to the offender's conduct."
. "Even though the trial court is not required to refer to each factor in making its determination, the court is required to provide a general discussion of the factors so that the substance of the determination can be properly reviewed for purposes of appeal. * Such a discussion can be set forth on the record during the sexual offender hearing or in the court's judgment entry."
. The transcript of the sentencing and sexual predator hearing, the court made several findings relating to the sexual predator findings. Specifically, the trial court noted: that Ludwick had a prior sex offense as a juvenile; that he had never completed the sex offender rehabilitation program; and that Dr. Fabian testified on behalf of the state and opined that Ludwick was a high risk to reoffend. The trial court also found there was evidence of cruelty and threats to the victim in the instant offense.
. These findings support the trial court's determination, by clear and convincing evidence, that Ludwick is a sexual predator.
. Ludwick's ninth assignment of error is without merit.
. The judgment of the trial court is affirmed. Judgment affirmed.
DONALD R. FORD, P.J., and DIANE V. GRENDELL, J., concur.
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