State v. Dix

Citations

• 2023 Ohio 4123

Syllabus

Attempted rape: gross sexual imposition sufficiency of evidence manifest weight prosecutorial remarks about the defendant's silence ineffective assistance of counsel. Appellant was charged with and convicted of attempted rape and gross sexual imposition after a jury trial. His ten-year-old biological daughter revealed at school that, when she was seven, her father engaged in sexual activity with her. She testified at trial that her father \put his pee-pee in her butt\ when she was staying with him at his house. The SANE nurse testified that during the examination, the victim stated her father put his penis \in her butthole.\ Having reviewed the record, we conclude appellant's convictions are supported by sufficient evidence and not against the manifest weight of the evidence. Furthermore, our review of the remarks by the prosecutor at the closing argument indicates they were not impermissible comments about appellant's failure to testify but a permissible reference to the uncontradicted evidence presented by the state.