Nov 22, 2013

Greer faces up to 15 years behind bars

GREENVILLE – After spending a year in the Randolph County jail, Codey Michael Greer was returned to Darke County to face three counts of Felony 1 Rape. He pleaded guilty to three counts of Sexual Battery (victim under 13), a Felony 2 offense. He later changed his plea to No Contest.

The defendant faces five to 15 years in prison plus a maximum fine of $45,000.

Under the F1 charge, the 18-year-old (at the time) could have spent the rest of his life in prison. Under the plea agreement, the defense (Attorney Randall Breaden) and prosecution (Darke County Prosecutor Kelly Ormsby) agreed “the proper sentence should be a mandatory aggregate of not less than five years imprisonment, but no more than 15 years imprisonment, with the parties free to argue in that agreed range.”

Darke County Common Pleas Judge Jonathan Hein advised Greer that a plea of No Contest is basically the same as a Guilty plea except no criminal violation is being admitted. Criminal consequences will be the same. Greer indicated he understood that.

Each count provides for two years mandatory minimum, eight years maximum. Convictions could be sentenced consecutively or concurrently. Theoretically that could mean anywhere from two years (minimum served concurrently) to 24 years (maximum served consecutively). Despite the recommendations of the attorneys, Hein has the full range of options.

As Hein discussed the ramifications of his plea, Greer often took time answering questions or responding to statements. He sometimes appeared to be confused or had concentration problems.

When asked if he had questions or concerns, Greer said he was kind of surprised his attorney hadn’t just argued more toward the lower end of the agreement.

Following additional questions by Hein, Greer eventually said he had no problems or concerns.

Breaden noted, for the record, “Mr. Ormsby and I had extensive negotiations toward the lower end of the penalty options.”

“That’s correct,” said Ormsby. “We originally agreed to 10 years but the defendant said no, opting instead with five to 15.”

Both noted Greer had signed the agreement. Hein turned to Greer and asked him if he understood the offenses and the penalties.

“I understand,” Greer said. “I do not want to go to trial. This is my best option.”

“How do you plead?”

“No contest.”

Hein said based upon the pleadings and information provided, he was accepting the plea and pronouncing Greer guilty of all three charges.

As a Tier 2 sex offender Greer will be required to register with the local sheriff for 25 years and provide notifications of any change in address or job. Since some form of prison will be mandatory, there will be up to 60 months of post release control. Prior to sentencing on Jan. 6, there will be a psychosexual evaluation done as part of the presentence investigation.


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