State v. White

Citations

• 2021 Ohio 1644

Syllabus

RAPE – GROSS SEXUAL IMPOSITION – CHILD ENDANGERING – EVIDENCE/WITNESS/TRIAL – CRUEL AND UNUSUAL PUNISHMENT – CONSECUTIVE SENTENCES: In defendant's trial for rape, gross sexual imposition, and child endangering, any evidentiary error was either harmless error or did not amount to plain error where both victims testified at trial in detail regarding physical and/or sexual abuse against them, defendant had the ability to cross-examine the victims and other witnesses, the victims' medical records were properly admitted into evidence and the police officer testified from his personal experience. The medical expert did not vouch for the victims' veracity where he relied not only on victims' statements but also on victims' medical records, the expert's physical exam of victims and professional conversations with the social workers who had interviewed the victims. Defendant's convictions for the multiple counts of rape and gross sexual imposition were not contrary to the weight of the evidence: the victims testified in detail to the sexual abuse and two witnesses testified that defendant, unsolicited, had told them that he was going to be accused of sexually molesting the victims. The child-endangering offenses were supported by sufficient evidence and not contrary to the weight of the evidence where victims testified to the physical abuse, and a majority of that testimony was corroborated by the two adults living in the home with defendant and victims. Defendant's sentences were contrary to law in part where the trial court failed to calculate and include jail time credit, the court miscalculated the aggregate sentence, the court cited the wrong parole statute applicable to rape and the sentences for rape were not within the statutory guidelines. See State v. Bowers, Slip Opinion No. 2020-Ohio-5167, ¶ 3.