State v. Trujillo

Citations

• 2023 Ohio 4125

Syllabus

Consecutive sentences sexual abuse rape kidnapping gross sexual imposition sexual battery sufficiency of evidence manifest of evidence sentencing judge not the same judge who presided over the trial ineffective assistance of counsel remorse cumulative errors prosecutorial misconduct. The trial court made the statutorily mandated findings under R.C. 2929.14(C)(4). The record clearly and convincingly supports those findings. Trial counsel was not ineffective for not requesting that the judge who presided over the trial sentence him. Counsel's decision to not seek a transfer of the case was a sound tactical decision that we will not second guess. The trial court did not improperly consider remorse in sentencing appellant. Because there were not multiple instances of error, the cumulative-error doctrine is inapplicable to this case. The assistant prosecuting attorney's statements during closing argument did not rise to prosecutorial misconduct. Sufficient evidence supported the rape conviction of one of the victims. The convictions relative to all the victims were not against the manifest weight of the evidence.