The former band director convicted of attempting to procure nude material from a minor was just denied his appeal.
Dennis Dellifield's lawyer was appealing multiple issues that he brought up during the trial by court, that he claims Hardin County Common Pleas Court's Judge Scott Barrett disregarded. Such as Dellifield's text message requesting pictures of the teenager's erect penis were protected under his first amendment rights and a follow-up text message, apologizing was his way of abandoning his request. The Ohio Third District Court of Appeals sided with the trial on the appeal.
In February, Dellifield was convicted on two counts of attempted illegal use of a minor in nudity-oriented material and two counts of attempted illegal use of a minor in nudity-oriented material or performance. Following the denial appeal, Dellifield was ordered back to Hardin County to begin serving his 90-day jail sentence, beginning on December 17. On Tuesday, his lawyers filed a motion to delay the execution of the sentence, because they are filing an appeal with the Ohio Supreme Court and they want to wait on the high court's decision first.
On top of jail time, Dellifield was sentenced to five years of community control and would register as a tier two sex offender.