State v. Schentur

Citations

• 2020 Ohio 1603

Syllabus

R.C. 2907.04/unlawful sexual conduct with a minor prejudice reopening of case abuse of discretion sufficiency Evid.R. 803/exceptions to hearsay Evid.R. 901/authentication of evidence prosecutorial misconduct jury instructions R.C. 2945.75(A)(2)/verdict forms. Because the trial court reversed its own evidentiary ruling, because there was no claim of surprise or showing of prejudice by the defendant, and because the age of the offender was an element of the offense, the trial court did not abuse its discretion or prejudice appellant by allowing appellee to reopen its case to establish appellant's age. Pursuant to the requirements of Evid.R. 803 and 901, the LEADS report documenting appellant's age was properly authenticated by certified personnel of the Bureau of Motor Vehicles and was sufficient to prove the elements of R.C. 2907.04(A). Appellee's questions concerning the LEADS report and appellant's criminal history were objected to and sustained by the trial court. Although the jury briefly saw the LEADS report, the jury was furnished a redacted copy that did not reflect appellant's prior traffic violation. Appellant has failed to show how she was prejudiced to the level of not receiving a fair trial. Where the ages of the victim and appellant were elements of the offense and appellant's age was properly admitted into evidence, the appellant was not prejudiced. The verdict forms were sufficient to convict appellant of fourth-degree felony unlawful sexual conduct with a minor. R.C. 2945.75(A)(2) did not apply because appellant's offense was not made more serious by the presence of an aggravating element appellant was convicted of the base offense.