Convicted sex offender loses appeal in 11th District Court
Ohio’s 11th District Court of Appeals earlier this week affirmed the conviction and prison sentence of convicted sex offender David Lucero, who was sentenced to an indefinite seven- to 10½-years in prison on convictions of eight counts of pandering sexually oriented matter involving a minor and two counts of illegal use of a minor in nudity-oriented material or performance, all second-degree felonies.
In the appeal, Lucero, 46, and his lawyer alleged the prison sentences were contrary to law.
According to 11th District judges Robert J. Patton, John J. Eklund and Eugene A. Lucci, Lucero’s sole assignment of error is without merit, and the judgment of the trial judge, Trumbull County Common Pleas Judge Sean J. O’Brien, is affirmed.
“Upon review, we conclude that the court below expressly stated that it considered the purposes and principles of sentencing, and the recidivism and seriousness factors. Lucero’s sentences are within the statutory guidelines … thus Lucero’s sentences are consistent with… law,” Patton wrote.
Lucero pleaded guilty to the charges as part of an amended indictment on May 6, 2025. The case involved investigators with the Youngstown/Mahoning County Human Trafficking Task Force receiving seven cyber tips concerning child pornography emanating from the defendant’s I.P. address. The defendant was found to be creating, developing, producing, reproducing and publishing child pornographic material.
At sentencing, O’Brien stated: “I’ve looked at the evidence and the descriptions of the videos and the photographs that were taken. I was appalled by it. Rape of little children tied up and held down and penetrated and things that were in there are beyond common decency.”
In addition to the indefinite prison sentence, O’Brien declared Lucero a Tier 2 sexual offender.
Trumbull County Assistant Prosecutor Gabriel Wildman handled the case during the pretrial phase, while Assistant Prosecutor Charles Morrow handled the appeal. Lucero was represented by attorney Rhys Brendan Cartwright-Jones at the trial court level and by Christopher P. Lacich in the appeals court.
Lucero will continue to be incarcerated at Belmont Correctional Institution.
