State v. Sutherland

Citations

• 2022 Ohio 3079

Syllabus

The trial court did not err by denying appellant's mistrial motion after it was discovered that unadmitted material inadvertently was in the possession of the jury during deliberations. The error in sending the exhibit to the jury was harmless as appellant was not prejudiced by it. It was not reversible error that the trial court failed to preserve the jury question and the court's response to it, because appellant assented to the response and was not prejudiced by the lack of the original. Appellant's conviction for rape in Count 2 was supported by sufficient evidence. His conviction for rape in Count 1 was not supported by sufficient evidence and will be vacated, but there was sufficient evidence for a conviction on the lesser-included offense of gross sexual imposition on Count 1. Judgment affirmed in part, vacated in part, and remanded for the trial court to modify its judgment entry.