State v. White

Citations

• 2018 Ohio 3076
• 118 N.E.3d 410

Syllabus

Defendant's convictions for unlawful sexual conduct with a minor (10 or more years older than the victim), two counts of trafficking in persons, and two counts of compelling prostitution in furtherance of human trafficking were based on sufficient evidence and were not against the manifest weight of the evidence. The State concedes, and we agree, that defendant's conviction for pandering obscenity involving a minor was based on insufficient evidence because the photographs were not obscene. The trial court did not err in denying defendant's motion to suppress statements made at the police station following Miranda warnings. Defendant waived his Miranda rights, and his statements were made voluntarily. Defendant forfeited his void-for-vagueness constitutional challenge to R.C. 2905.32(A)(2)(a), the trafficking in persons statute. Even if we were to consider his argument regarding the \less than sixteen years of age\ language, we would not find it to be vague. The record fails to demonstrate ineffective assistance of counsel or that the prosecutors engaged in misconduct by offering the testimony of defendant's co-defendant. Judgment reversed as to the charge of pandering obscenity involving a minor. In all other respects, judgment affirmed.