Clear and convincing evidence is that indicia of proof which establishes in the mind of the trier of fact a firm conviction as to the allegations sought to be demonstrated. State v. King (Dec. 29, 2000), 11th Dist. No. 99-G-2237, 2001 WL 20720, at 2. This standard is intermediate, being more than a mere preponderance, but does not require the certainty required for proof beyond a reasonable doubt.
{¶ 26} Notwithstanding the lack of precision, this court has previously held that the rules of evidence do not strictly apply in a sexual predator determination hearing. State v. Swank (Dec. 21, 2001), 11th Dist. No. 98-L-049, 2001 Ohio App. Lexis 5846, at 4, citing State v. Cook (1998), 83 Ohio St.3d 404; see also, State v. King (Dec. 29, 2000), 11th Dist. No. 99-G-2237, 2000 Ohio App. Lexis 6191, at 3. In his brief, appellant underscores the proposition that reliable hearsay evidence may be relied upon and admitted by a court in a sexual predator hearing. Apparently appellant believes, but fails to express, that the documents in question were essentially unreliable.
A trial court may rely on one factor more than others in determining if an offender qualifies as a sexual predator. State v. King (Dec. 29, 2000), 11th Dist. No. 99-G-2237, 2000 Ohio App. LEXIS 6191. Even if only one or two statutory factors are present, the trial court may find the offender to be a sexual predator if the totality of the relevant circumstances provides clear and convincing evidence that the offender is likely to commit a sexually oriented offense in the future.
A trial court may rely on one factor more than others in determining if an offender qualifies as a sexual predator. State v. King (Dec. 29, 2000), 11th Dist. No. 99-G-2237, 2000 Ohio App. LEXIS 6191. Even if only one or two statutory factors are present, the trial court may find the offender to be a sexual predator, if the totality of the relevant circumstances provides clear and convincing evidence that the offender is likely to commit a sexually oriented offense in the future.
A trial court may rely on one factor more than others in determining if an offender qualifies as a sexual predator. State v. King (Dec. 29, 2000), 11th Dist. No. 99-G-2237, 2000 Ohio App. LEXIS 6191. Even if only one or two statutory factors are present, the trial court may find the offender to be a sexual predator, if the totality of the relevant circumstances provides clear and convincing evidence that the offender is likely to commit a sexually oriented offense in the future.
A trial court may rely on one factor more than others in determining if an offender qualifies as a sexual predator. State v. King (Dec. 29, 2000), 11th Dist. No. 99-G-2237, 2000 Ohio App. LEXIS 6191. Even if only one or two statutory factors are present, the trial court may find the offender to be a sexual predator if the totality of the relevant circumstances provides clear and convincing evidence that the offender is likely to commit a sexually oriented offense in the future.
The determination that an offender is a sexual predator must be supported by clear and convincing evidence. R.C. 2950.09(C)(2)(b); see, also, State v. King (Dec. 29, 2000), Geauga App. No. 99-G-2237, unreported, 2000 Ohio App. LEXIS 6191, at 4. Clear and convincing evidence is that which establishes in the mind of the trier of fact a firm belief or conviction as to the allegations sought to be proven.
Cook at 425. See, also, State v. King (Dec. 29, 2000), Geauga App. No. 99-G-2237, unreported, at 3, 2001 WL 20720, at 3; State v. Wade (Dec. 29, 2000), Trumbull App. No. 99-T-0061, unreported, 2001 WL 20799. At 5.
The determination that an offender is a sexual predator must be supported by clear and convincing evidence. R.C. 2950.09(C)(2)(b); see, also, State v. King (Dec. 29, 2000), Geauga App. No. 99-G-2237, unreported, 2000 Ohio App. LEXIS 6191, at 4. Clear and convincing evidence is that which establishes in the mind of the trier of fact a firm belief or conviction as to the allegations sought to be proven.
State v. Cook (1998), 83 Ohio St.3d 404, 425. This court stated in State v. King (Dec. 29, 2000), Geauga App. No. 99-G-2237, unreported, 2001 WL 20720, at 3, that: "[t]he trial court is not required to find that a majority of the factors set forth in R.C. 2950.09(B)(2) apply to an offender before it can determine that he is a sexual predator. * * * Furthermore, R.C. 2950.09 does not preclude a trial court from relying on one factor more than another in its determination that an offender qualifies as a sexual predator. * * * Although not specifically mandated by the statute, if, after consideration of the relevant factors, the court determines that the defendant should be classified as a sexual predator, it should declare that the defendant `is likely to engage in the future in one or more sexually oriented offenses,' the quintessential purpose in labeling an offender a `sexual predator.'