State v. Frazier

Citations

• 2019 Ohio 2739

Syllabus

Sufficiency manifest weight jury instruction ineffective assistance of counsel. The victim's testimony provided sufficient evidence to substantiate a guilty verdict of rape appellant held a position of authority over the victim and used that position of authority to lure the victim away from her father's house appellant knew or should have known the age of the victim or was reckless in not knowing her age. Sufficient evidence was presented to convict appellant on the charges of kidnapping and unlawful sexual conduct with a minor. Specificity of dates of the alleged abuse was not required and the credibility of the victim's testimony and behavior after the sexual abuse was left to the jury. Appellant's convictions were not against the manifest weight of the evidence. The trial court's instruction to the jury on the counts of rape and attempted rape were not error. Testimony established that appellant used force to engage the victim and that there was subtle and psychological force through appellant's position of authority and filial-like relationship with the victim. Appellant's claim of ineffective assistance of counsel on the basis that counsel failed to object to the jury instruction on force is moot.