State v. Sharpe

Citations

• 2025 Ohio 440

Syllabus

CRIMINAL-GROSS SEXUAL IMPOSITION-CRIM.R. 8(A) JOINDER OF OFFENSES-CRIM.R. 14 MOTION TO SEVER TRIALS-CRIM.R. 7(D) MOTION TO AMEND INDICTMENT - Trial court did not commit plain error by failing to grant Appellant's motion to sever trial and failing to order separate trials involving three alleged victims of various sex offenses where evidence of each crime joined at trial is simple and direct; Appellant was not prejudiced and trial court did not abuse its discretion or commit reversible error by allowing amendment to Count Six, Gross Sexual Imposition, from R.C. 2907.05(A)(4), a felony of the third degree requiring that the victim be less than thirteen years of age, to R.C. 2907.05 (A)(1,) a felony of the fourth degree which does not require the victim be less than thirteen years of age but does require proof of force, an essential element, where the grand jury heard evidence pertaining to force or threat of force of the same victim and during the same time period; where Appellant was fully aware of the charge, able to defend himself, and fully aware of the alleged victim's age at all times of the proceedings; and amendment was a benefit to Appellant.