State v. Brown

Citations

• 2019 Ohio 1235

Syllabus

Trafficking in persons R.C. 2905.32(A)(1) multiple acts Crim.R. 31(A) multiple distinct conceptual groups plain error sex offender classification R.C. 2950.01(F)(1)(g) sufficiency of the evidence manifest weight of the evidence Evid.R. 404(B) discovery violation. R.C. 2905.32(A)(1) involves multiple acts because the offense involves multiple distinct conceptual groupings thus, to ensure juror unanimity under Crim.R. 31(A), the state should have elected or the jury should have been instructed which act the defendant committed. However, no objection was raised, and this court exercised its discretion to not recognize plain error. No manifest injustice was found where the defendant was labeled a Tier II sex offender because the evidence at trial demonstrated that defendant's conduct under R.C. 2905.32(A)(1) was sexual in nature and not just for involuntary servitude purposes. Defendant's conviction for trafficking in persons is supported by sufficient evidence and not against the manifest weight of the evidence where the record demonstrates that the defendant enticed, maintained, and provided for the prostitute-victim and her son. Despite the state committing a discovery violation by failing to timely disclose a witness, the trial court did not abuse its discretion in failing to order a mistrial or strike the witness's testimony. The trial court abused its discretion in allowing other acts evidence, but the error was harmless when viewing the context of the entire trial.