State v. Winston

Citations

• 2025 Ohio 1727

Syllabus

App.R. 26(B) application for reopening, sufficiency of the evidence, R.C. 2907.02(A)(1)(b) — rape by digital penetration, R.C. 2971.01(H)(1) — sexually violent predator, R.C. 2971.03(A)(2) — life in prison without parole. The appellant's App.R. 26(B) application for reopening is denied. The appellant has failed to demonstrate that he was prejudiced by the failure of appellate counsel to raise four proposed assignments of error. The outcome of the appellant's appeal would not have been different had the proposed assignments of error been raised by appellate counsel, because sufficient evidence was presented at trial that established the offense of rape of a ten-year-old child by digital penetration, sufficient evidence was presented at trial that established that the appellant was a sexually violent predator, and the trial court properly sentenced the appellant to life in prison without parole.