State v. McDaniel

Citations

• 2020 Ohio 489

Syllabus

Sufficiency of evidence manifest weight of evidence rape sexual battery gross sexual imposition kidnapping stepfather restraint psychological pressure right to testify advise ineffective assistance of counsel consecutive sentences. - Defendant's convictions for rape, sexual battery, and gross sexual imposition were not against the manifest weight of the evidence and were supported by sufficient evidence where one victim testified that defendant had forced vaginal sex with her, and both victims testified that defendant penetrated them vaginally with his fingers, performed oral sex on them, and forced them to perform oral sex on him, all over their objections. Defendant's convictions for kidnapping were not against the manifest weight of the evidence and were supported by sufficient evidence where both victims testified that defendant restrained them, and defendant's position as the victims' stepfather restrained the victims' liberty by the psychological pressure inherent in his position as their stepfather. Trial court had no duty to advise defendant of his right to testify defense counsel was not ineffective trial court made the requisite statutory findings to impose consecutive sentences.