State v. Franco

Citations

• 232 N.E.3d 273
• 2023 Ohio 4653

Syllabus

Sufficiency of the evidence gross sexual imposition R.C. 2907.05(A)(1) force force beyond the act itself Crim.R. 7(D) indictment modified R.C. 2945.79(D) sexual imposition R.C. 2907.06 endangering children R.C. 2919.22(A) substantial risk to health or safety abduction kidnapping invited error sexual activity. - State's failure to amend indictment pursuant to Crim.R. 7(D) to conform to the evidence required the state to prove the allegations as charged in the indictment. Insufficient evidence was presented to support defendant's conviction for gross sexual imposition where the evidence did not establish that the defendant used force beyond the act itself. Evidence was sufficient for this court to modify the offense to sexual imposition pursuant to R.C. 2907.06. Evidence was sufficient to support defendant's conviction for endangering children under R.C. 2919.22(A) because his actions caused the minor-aged children to be left alone in a car with the engine running. No due process violation occurred when the trial court found defendant guilty of lesser included offense of abduction with a sexual motivation because arguably counsel invited the error, and the totality of the verdict demonstrates that the state did not prove beyond a reasonable doubt that the defendant's purpose was to engage in sexual activity to be found guilty of kidnapping.