State v. Bowers

Citations

• 2019 Ohio 3207

Syllabus

CONSTITUTIONAL LAW/CRIMINAL – SENTENCING: Where the jury found defendant guilty of raping a child in violation of R.C. 2907.02(A)(1)(b) with the additional finding that the child was less than ten years of age, the trial court erred in sentencing defendant under R.C. 2971.03(B)(1)(c) for a forcible rape of a child where the state did not include a specification in the indictment that defendant purposefully compelled the victim to submit by force or threat of force: the trial court erred in imposing a sentence that relied on a fact that was not included in the indictment and found by the jury by proof beyond a reasonable doubt. [See CONCURRENCE: Defendant's Sixth Amendment rights were violated where the statutory minimum sentence was increased without any factual finding by the jury.]