Rape sentence upheld by appeals court

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The Ohio Sixth District Court of Appeals has upheld the sentencing of a man who entered a guilty plea to rape charges under an agreement with the Ottawa County prosecutor but later withdrew his plea.
In his appeal, Kyle Deselms, who lived in Curtice at the time of the offenses, argued the Ottawa County Common Pleas Court erred by accepting his guilty pleas which “were not made knowingly, intelligently, and voluntarily.”
But the appeals court ruled the common pleas court followed the correct procedures for accepting guilty pleas.
“The record, in this case, demonstrates neither a failure to fully inform appellant nor a ‘prejudicial effect’ based on a failure to inform,” the appeals decision says. “Based on the entire record of the hearing, the statements made, in context, demonstrated that the trial court ensured any issues were clarified with a thorough explanation of the terms of the agreement and complete notice regarding the rights that appellant waived in accepting that agreement. Contrary to appellant’s argument on appeal, the record demonstrates initial hesitation followed by clear understanding and willingness to enter a plea.”
Deselms was originally charged in a 24-count indictment, including one count of rape by force or threat of force, one count of gross sexual imposition by force or threat of force, five counts of rape of a victim under 10 years of age, ten counts of gross sexual imposition of a victim under 13 years of age, three counts of gross sexual imposition of a victim under 12 years of age with an intent to abuse, and three counts of rape of a victim under 13 years of age.
The charges allege the offenses occurred between 2007 and 2012.
In September 2021, he withdrew his prior not guilty plea and, under the written agreement with the prosecution, pled guilty to one count of rape by force or threat of force and one count of rape of a victim under 13.
Both charges are first degree felonies and the prosecution agreed to dismiss all other charges at the sentencing hearing.
Under the agreement, Deselms was sentenced to a prison term of 20 years to life.