State v. Corcoran

Citations

• 2023 Ohio 1218

Syllabus

Crim.R. 29 sufficiency of the evidence weight of the evidence ineffective assistance of counsel outrageous government conduct. Appellant's convictions for attempted unlawful sexual conduct with a minor and importuning were supported by sufficient evidence. Although there was insufficient evidence to establish that appellant knew or believed that the alleged victim, an undercover police officer, was over the age of thirteen but under the age of sixteen, sufficient evidence was presented to establish that he was reckless with respect to the alleged victim's age. Further, there was sufficient evidence to establish that the appellant committed the crime of possession of criminal tools when he was arrested after driving to a predetermined location to meet with an undercover officer with tools to assist in the crime on his person. Appellant's convictions were supported by the greater weight of the evidence, where, although the evidence did not establish knowledge or belief as to the age of the alleged victim, the evidence established that appellant was reckless with regard to age when the alleged victim told appellant that he was doing homework, lived with his mother, was sexually inexperienced, and responded \that 15 yo lyfe\ during his chat with appellant. Further, the possession of criminal tools conviction was supported by the greater weight of the evidence. Finally, appellant did not receive ineffective assistance of counsel, where trial counsel did not raise the outrageous government conduct defense. The record failed to establish that appellant would have prevailed had the motion been filed. Accordingly, he could not establish that counsel was ineffective for choosing not to raise the issue.