State v. Landers

Citations

• 2017 Ohio 1194

Syllabus

The trial court did not err in allowing the State to submit evidence of Appellant's prior acts under Evid.R. 404(B). Requirements for allowing such evidence were satisfied, and the trial court gave the jury a limiting instruction. Appellant was also not deprived of a fair trial when the court dismissed an Attempted Rape charge at the end of the State's case-in-chief, as there was no evidence that an attempt occurred. For the same reasons, the trial court did not err in refusing to instruct the jury on a lesser included offense for Rape. In addition, the conviction for Rape was not against the manifest weight of the evidence. Further, while the trial court erred by informing Appellant that he may be eligible for days of credit, the error was harmless, because Appellant was statutorily ineligible under R.C. 2929.13(F)(2) for such credit, due to his conviction for Rape. Finally, trial counsel did not render ineffective assistance of counsel. Affirmed, with modification of judgment entry to indicate that Appellant is not eligible to earn jail credit under R.C. 2967.193.