State v. D.H.

Citations

• 2018 Ohio 559

Syllabus

Judgment affirmed in part, reversed in part, case remanded for resentencing. Jury instructions did not rise to the level of plain error. The evidence was insufficient to sustain appellant's conviction for rape by vaginal intercourse, as the state failed to prove that the conduct occurred prior to the August 3, 2006 amendment to R.C. 2907.01(A), and the evidence failed to demonstrate that appellant inserted his penis into the victim's vaginal opening. Appellant's rape conviction was modified to a conviction for gross sexual imposition in violation of R.C. 2907.05(A)(4). Appellant failed to demonstrate that he was deprived of the effective assistance of counsel. The trial court did not abuse its discretion in denying appellant's motion for a mistrial.