Marcum sentence sent back to trial court


BUTLER COUNTY — The Twelfth District Court of Appeals recently affirmed, with the exception of the sentencing, the conviction of a Preble County man for multiple sex abuse charges against minors.

Ricky L. Marcum was convicted of multiple counts of rape, gross sexual imposition, and importuning committed against two boys under the age of 13 after a jury found him guilty. Marcum appealed and argued the evidence did not support his convictions.

Marcum also argued his trial counsel was ineffective.

Writing for a unanimous court, Presiding Judge Mike Powell found that while the evidence supported Marcum’s convictions, the trial court did err by failing to “merge the sentences for the rape charges.”

Judge Powell also found that Marcum’s counsel was effective when he preserved the record for appeal regarding the admission of polygraph results. Judges Robert P. Ringland and Robert A. Hendrickson concurred in the opinion.

This decision of the Twelfth District Court of Appeals affirmed in part and reversed in part Marcum’s convictions for the multiple sex abuse charges, and sent the case back to the trial court for sentencing.

By Eddie Mowen Jr.

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Reach Eddie Mowen Jr. at 937-683-4055 or on Twitter @emowen_RH.

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