State v. Beard

Citations

• 2025 Ohio 3097

Syllabus

RAPE — R.C. 2907.02(A)(1)(c) — SUBSTANTIAL IMPAIRMENT — EVIDENCE — MANIFEST WEIGHT — SUFFICIENCY — KNOWLEDGE — SIXTH AMENDMENT — VINDICTIVE SENTENCE: The State's evidence was sufficient to prove that defendant knew the victim was substantially impaired as an element of rape under R.C. 2907.02(A)(1)(c) where testimony described the victim's instability on her feet, heaving, and vomiting near defendant after drinking alcohol with defendant earlier in the night. Defendant's conviction for rape and the jury's finding that the victim was substantially impaired are not contrary to the manifest weight of the evidence where the jury believed testimony from witnesses and the victim describing her condition, which indicated that alcohol had impaired the victim's ability to apprise the nature of her conduct and consent to sexual intercourse. Defendant's sentence is contrary to law where the trial court's repeated condemnatory remarks at the sentencing hearing about defendant's not-guilty plea and decision to have a jury trial suggest that defendant received the maximum penalty for exercising his constitutional right to a jury trial.