The Akron Legal News

Court rules rapist’s 47-year sentence wasn’t cruel, unusual

JESSICA SHAMBAUGH
Special to the Legal News
Published: March 21, 2014

The 5th District Court of Appeals recently affirmed a 47-year prison sentence for a man who pleaded guilty to raping a woman at knifepoint.

Charles Pore admitted to stalking a woman, entering her home and raping her at knife point, but argued that the Stark County Court of Common Pleas imposed an excessive and unreasonable prison sentence.

Upon review, the three-judge appellate panel found that Pore was previously convicted of abduction and attempted rape in 1996 and was released from prison in December 2010 after serving time for felonious assault and abduction convictions.

Pore admitted to police that he began stalking his next victim, E.T., shortly after he was released from prison.

He discovered that E.T. was living in a house with a roommate and that the roommate had put the house up for sale.

Despite being unemployed and having little money, Pore approached E.T. at her residence and asked about the house.

E.T. told him that her roommate was the homeowner and he was ultimately directed to a Realtor.

On Feb. 27, 2011, Pore again went to the house and found E.T. home alone.

After he asked to leave his contact information, she invited him inside to write it down at the kitchen table.

Pore told the woman he had a runny nose and requested a tissue. As E.T. turned to get a tissue, Pore pulled a steak knife and ordered her to do as he said and she would not get hurt.

He marched her to the bedroom and ordered her to take off her clothes then led her to the front door so she could lock the residence.

They ultimately returned to the bedroom where Pore raped her.

He later threw away his clothing and the knife in a nearby dumpster.

E.T. went to an area hospital and a rape kit was performed.

A semen sample obtained matched Pore to a reasonable degree of certainty and he was charged with rape with a sexually violent predator specification and a repeat violent offender specification, kidnapping with specifications, aggravated burglary with specifications and notice of change of address.

He pleaded guilty as charged on July 21, 2011.

At the first sentencing hearing, the trial court sentenced Pore to an aggregate term of 57 years to life in prison.

The appellate court, however, ruled that the counts for kidnapping and rape must merge and remanded for resentencing.

At the resentencing hearing, the state and the defense jointly recommended a prison term of 35 years.

Instead, the Stark County court imposed an aggregate term of 47 years to life.

In his second appeal, Pore argued that the sentence constituted cruel and unusual punishment.

“He specifically argues that his sentence is extreme and disproportionate,” Judge Craig Baldwin wrote for the court.

“He argues that he did not remove the victim from the home, did not physically injury her, expressed remorse and cooperated fully with the police.”

The appellate judges ruled that a sentence could not be cruel and unusual punishment if it fell within the terms of a valid sentencing statute.

Because Pore’s sentence was within the permissible range under Ohio law, they found there was no error.

Further, the judges found that although Pore argued he did not use the knife to harm the victim, did not strike her and did not tie her up, the trial court “outlined the heinous nature of appellant’s crimes, and his criminal history.”

“Appellant admitted at the sentencing hearing that he has a sexual addiction that he cannot control. The instant crime was committed only 69 days after he was released from prison for a 2004 conviction,” Judge Baldwin stated.

“Under the facts and circumstances of the offense and considering appellant’s past violent criminal history and his demonstrated recidivism rate, the sentence for rape is not grossly disproportionate to the crime.”

Presiding Judge Scott Gwin and Judge John Wise joined Judge Baldwin to affirm the lower court’s ruling.

The case is cited State v. Pore, 2014-Ohio-790.

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