State v. Simmons

Citations

• 249 N.E.3d 1206
• 2024 Ohio 3036

Syllabus

Appellant's conviction for forcible rape, into which aggravated burglary and sexual battery offenses had been merged, was not supported by sufficient evidence. The trial court did not commit reversible error by excluding certain lay witness opinion testimony at trial the testimony at issue would have resulted in speculation, and its exclusion did not prejudice appellant. Judgment vacated as to the forcible rape and remanded to the trial court for it to: (1) consider whether the vacation of the forcible rape conviction affects the aggravated burglary offense for which appellant was found guilty and, if necessary, whether the guilty verdict for sexual battery supports a conviction on the lesser-included offense of aggravated burglary and (2) sentence appellant for the offenses that merged into his forcible rape conviction.