11th District Court rejects gross sexual imposition appeal

Apr. 25—The 11th District Court of Appeals has rejected Matthew Lee Rutter's appeal of his five-year prison sentence on two counts of gross sexual imposition.

According to the opinion published by the court, Rutter was initially indicted on one count of rape, a first-degree felony, and three counts of gross sexual imposition, third-degree felonies. According to court records, Rutter was indicted in June 2022.

Rutter pleaded guilty to two of the counts of gross sexual imposition in May 2023, and the remaining count of gross sexual imposition and the one rape count were dismissed, according to the opinion.

In August 2023, Rutter was sentenced to five years in prison on each count, to be served concurrently.

According to the opinion, Rutter's single assignment of error was the court erred by sentencing Rutter to a prison term not supported by the record, claiming the court failed to consider the factors of seriousness and recidivism required by the Ohio Revised Code.

The 11th District opinion states the there was some confusion in the brief filed by Rutter's attorneys, and said Rutter could not appeal the sentence under that section of the ORC.

The opinion also states, the court still explicitly considered the seriousness and recidivism factors in this case, including mitigating circumstances.

"Further, even if we could independently review and weigh the evidence, it cannot be said that Mr. Rutter's sentence is not supported by the record, and there is nothing in the record to suggest his sentence is contrary to law," the opinion states.

The court upheld his sentence.

According to the Ohio Department of Rehabilitation and Correction, Rutter will be eligible for release in July 2028.