State v. Kidd

Citations

• 2021 Ohio 3838

Syllabus

EVID.R. 601(A) – R.C. 2317.01 – COMPETENCY – COUNSEL – INEFFECTIVE ASSISTANCE – JUDISDICTION/VENUE – SUFFICIENCY OF EVIDENCE – MANIFEST WEIGHT OF THE EVIDENCE – SENTENCING – CONSECUTIVE SENTENCES: The trial court did not err by allowing a child to testify without sua sponte determining his competence pursuant to Evid.R. 601(A) and R.C. 2317.01 because the child did not testify in such a way as to undermine his ability to accurately observe, recall, and communicate the facts. Defense counsel was not ineffective for failing to challenge the child's competence to testify because the child's testimony did not place his competence into question. The trial court did not err in concluding that a child under ten was competent to testify because the child understood the difference between the truth and a lie and the importance of telling the truth. The trial court did not err in accepting defendant's waiver of a competency hearing where defense counsel withdrew the suggestion of incompetency and assured the court that defendant was competent based upon their interactions and communications. The evidence was insufficient to support defendant's conviction on count four, engaging in fellatio with a child under ten, where the state failed to prove venue beyond a reasonable doubt: the state presented no evidence as to the street name, city, or county where the offense occurred. The trial court's judgment on counts two and six for rape of a child under ten was supported by sufficient evidence where the child testified that the conduct occurred more than once. Defendant's convictions were not against the manifest weight of the evidence where the child witness was competent to testify and the factfinder believed the child's testimony. The trial court did not err in sentencing defendant where the sentence was supported by the record, was not contrary to law, and did not violate the Eight Amendment's prohibition against cruel and unusual punishment. The trial court did not err in impo