City of Cleveland v. Turner

Citations

• 2019 Ohio 1241
• 128 N.E.3d 287

Syllabus

State v. Turner, App. No. 107102 Bestiality R.C. 959.21(B) extrajudicial statement corpus delicti sufficient evidence manifest weight of the evidence community control conditions home inspections.The state satisfied the minimal burden of providing some evidence tending to prove that the crime of bestiality was committed and, thus, the court's admission of the appellant's extrajudicial statement was proper. The state provided sufficient circumstantial evidence demonstrating the appellant engaged in sexual conduct with a dog where the appellant discussed sexual acts with a dog he identified the breed, age, and gender of the dog about which the dog's owner testified the dog's owner testified concerning the dog's uncharacteristically strange behavior exhibited immediately after staying with the appellant, in the appellant's bed, including excessively licking her genitals and her discomfort during veterinarian exams. The conviction is not against the manifest weight of the evidence. The appellant's explanation that his statements concerning the sexual act with the dog were designed to distract his boyfriend from desiring sex with children was not credible. The trial court did not abuse its discretion by imposing conditions of community control, including allowing random home inspections by the APL.