State v. Jordan

Citations

• 2017 Ohio 381

Syllabus

Sufficient evidence manifest weight of the evidence jury waiver allied offenses. There is sufficient evidence to convict the appellant of rape, kidnapping, and sexual battery. The state met its burden of persuasion at trial, and the jury did not lose its way in convicting the appellant. R.C. 2945.05 does not apply when the appellant requests to have the court hear the evidence on a specification. In this case, rape and kidnapping are not allied offenses because they caused separate, identifiable harm they were committed separately and they were committed with separate animus and motivation.