YOUNGSTOWN — Daniel B. Fleisher, 42, formerly of Youngstown and Austintown, got the additional five years in prison Wednesday that was jointly recommended by the defense and prosecution on Monday when Fleischer pleaded guilty to one count of rape of a child.

Added to the federal sentence he got in July 2019 for the same conduct, he could get out of prison as early as age 72, his attorney, John Juhasz, said during a hearing.

Juhasz told Mahoning County Common Pleas Court Judge Anthony Donofrio that a federal appeals court has affirmed the 37-year prison sentence Fleischer got in federal court after being convicted of sexual exploitation of children and receipt and distribution of child pornography.

Federal prosecutors said that sentence was for taking still images of himself sexually assaulting a young girl in June 2011.

Juhasz said Fleischer is due for release from federal prison on that charge in June 2055, when Fleischer is 73 years old. Fleisher would be eligible for “good time” credit of 15%, bringing his release date to 2048, when he is nearly 67 years old, Juhasz said.

The additional five years on the Mahoning County charge means Fleischer would be 72 when he gets out of prison.

Juhasz said he believes the sentence follows the state sentencing guidelines of “use state and local resources sensibly and not to overuse them.”

Mahoning County Assistant Prosecutor Kevin Day said after the hearing that attorney Ross Smith challenged the state’s right to try to convict Fleischer in state court on the “same facts” as Fleischer’s federal conviction, but the appeals court found that case law supported the prosecution under the “dual sovereign” or “separate sovereigns” doctrine.

He explained that the “State of Ohio and the United States government can prosecute you for the same conduct because they are separate entities.”

Day said the “same investigation resulted in (Fleischer’s) conviction in federal court as the state conviction.” He said the investigation was “from the same facts,” and both convictions involved the same victim. He said the new conviction, however, is a “separate offense” because it is under state law instead of federal law. Day said a recent U.S. Supreme Court decision upheld the “separate sovereign” doctrine.

Day said the victim was between the ages of 9 and 12 at the time of the conduct in the 2010-2011 time period. Fleischer lived in Austintown at the time of the offenses. He lived in Youngstown at the time officials conducted a search at his home as part of an investigation.