He later agreed to plead guilty to one count of gross sexual imposition and one count of simple assault.
Erie County Common Pleas Court judge Roger Binette gave Frederick the maximum sentence for each count — five years for gross sexual imposition and six months for assault.
But on Friday, the appellate court decided to send the case back to Binette’s courtroom for another hearing. According to Ohio law, a judge can issue a consecutive sentence if each charge was a distinct event.
The Court of Appeals concluded Binette did not explicitly define how Frederick’s actions that night constituted two separate events.
Binette must now hold another hearing to clarify that decision. If he finds Frederick’s actions were indeed a single event, Frederick will have to serve a total of five years.
If Binette finds Frederick’s actions were separate offenses, he will likely serve the additional six months.