Convicted child sex offender's appeal denied

NORWALK — Last month, an appeals court decided to uphold a convicted child sex offender's 27-year prison sentence and denied his appeal. Dave Kodger, 54, of Wakeman and a current inmate at the Marion Correctional Institution in Marion, Ohio, previously pleaded guilty to six counts of gross sexual imposition, each a fourth-degree felony; three counts of sexual battery and three counts of bribery, each a third-degree felony, in exchange for 59 other charges to be dismissed and to avoid life in prison. On Sept. 18, 2024, Huron County Common Pleas Court Judge James Conway sentenced Kodger to serve 27 years in prison. The Ohio Sixth District Court of Appeals finalized its decision to uphold Kodger's prison sentence and denied his appeal on Feb. 3. "The trial court determined, based on Kodger's statements at sentencing, that he did not accept responsibility for his conduct and (that) he posed a likely risk for reoffending," according to a decision from appellate judges Thomas Osowik, Christine Mayle and Gene Zmuda. Basis of decision Shortly after his sentencing, Kodger filed an appeal, alleging that: • The trial court erred by accepting Kodger's plea because it was not knowingly, voluntarily and intelligently entered. • The trial court erred by informing Kodger that he did not have an automatic right to appeal. In response to Kodger's first claim that he did not intelligently enter his guilty plea due to the document being amended during the plea hearing, the court disputed this argument. Judges noted that both parties agreed on the corrections made to the plea and that changes were made in Kodger's favor. In terms of Kodger's second complaint regarding his right to appeal, appeals judges stated that the trial court informed him that he "may have a limited right to appeal" and adequately indicated "the time in which Kodger must perfect any appeal." The appeals court noted in its decision that the trial court took into account "that there were multiple victims, and all the victims were underage" when deciding on an appropriate sentence. According to state prison data, Kodger's expected release date is Dec. 14, 2050.