State v. Smith

Citations

• 2023 Ohio 1670

Syllabus

Rape R.C. 2907.02(A)(1)(c) sufficiency of evidence manifest weight of evidence vagueness allied offenses of similar import Reagan Tokes Law. Defendant was convicted of two counts of rape in violation of R.C. 2907.02(A)(1)(c) and one count of attempted rape in violation of R.C. 2923.02 and 2907.02(A)(1)(c). The convictions were based on sufficient evidence from the victim's testimony and were not against the manifest weight of the evidence. R.C. 2907.02(A)(1)(c) is not unconstitutionally vague. At trial, there was evidence the offenses were committed separately and as such were not allied offenses of similar import. The state's closing argument, when considered in context of the entire trial, did not deny defendant a fair trial by making inferences from the evidence presented. Further, the trial court properly imposed an indefinite sentence pursuant to the Reagan Tokes Law.