State v. Hall

Citations

• 2026 Ohio 1042

Syllabus

Sufficiency of the evidence; manifest weight of the evidence; rape; fellatio; attempted vaginal rape; kidnapping; felonious assault; strangulation; R.C. 2907.02(A)(2); operating a vehicle under the influence; absence of scientific evidence; sexually violent predator; ineffective assistance of counsel; jail-issued clothing; involuntary intoxication; R.C. 2971.01(H); jury instructions; lesser-included offense; unlawful restraint; inferior-offense; allied offenses of similar import; R.C. 2941.25; consecutive sentences; one or more course of conduct. The trial testimony of the victim was sufficient to support the State's charges of rape (fellatio), attempted vaginal rape, kidnapping, felonious assault, and strangulation and overcome defendant-appellant's Crim.R. 29 motion for acquittal. The evidence was sufficient to overcome the Crim.R. 29 motion for acquittal on the operating a vehicle under the influence charge where (1) the defendant-appellant testified that he drove his vehicle and while he was driving he became sleepy and confused about his directions and (2) the responding patrolman testified that he believed the defendant-appellant — who he found asleep in the driver's seat of his truck with the truck running and stopped in the middle of an intersection — was intoxicated because he smelled strongly of alcohol, had glossy eyes, had wet his pants, and was unable to stand up on his own. There was sufficient evidence for the trier of fact to find the defendant-appellant was likely to engage in a sexually violent offense in the future and, thus, classify him as a sexually violent predator. There was sufficient, competent, credible evidence to support the defendant-appellant's convictions beyond a reasonable doubt and, accordingly, his convictions were not against the manifest weight of the evidence. Defendant-appellant did not establish ineffective assistance of counsel. The trial court did not err when it allowed the State to introduce testimony during the sexually