State v. Allgood
2019 Ohio 738
Ohio Ct. App.2019Background
- On Jan. 12, 2017, A.S. found his girlfriend’s father, Nathaniel Allgood, intoxicated in the home and later discovered Allgood in a bathroom with the couple’s toddler, A.K.S.; the toddler’s pull‑up was removed, Allgood held his penis in one hand and had his other hand on the child’s neck/shoulders. A.S. removed the child and attacked Allgood. Police were called.
- Allgood was charged with two counts of attempted rape (one alleged victim‑age enhancement) and two counts of gross sexual imposition; one GSI count was dismissed and the other amended to attempted GSI before trial.
- The trial court granted a motion in limine excluding references to Allgood’s prior criminal record. During cross‑examination, A.S. volunteered that Allgood “got sexual assaults towards his own daughter,” prompting defense mistrial motions which the court denied and to which the court gave curative instructions.
- A jury acquitted Allgood of attempted gross sexual imposition but convicted him on both attempted rape counts; the convictions were merged for sentencing and Allgood received 10 years to life.
- Allgood appealed, raising (1) insufficiency of the evidence to prove attempted rape, (2) that the conviction was against the manifest weight of the evidence, and (3) that denial of a mistrial violated his right to a fair trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempted rape (substantial step toward sexual conduct) | State: testimony showed Allgood was close to the child, holding his penis and the child’s neck, which is a substantial step toward sexual conduct (fellatio included in definition). | Allgood: conduct did not amount to a substantial step toward rape; at most non‑rape sexual contact or innocent explanation (potty‑training). | Court: Evidence sufficient—A.S.’s testimony and demonstration permitted a reasonable inference of a substantial step toward sexual conduct; sufficiency overruled. |
| Manifest weight of the evidence | State: circumstantial evidence and witness credibility supported conviction. | Allgood: verdict against manifest weight because testimony was circumstantial and A.S. biased against Allgood. | Court: Not an exceptional case; jury was entitled to weigh credibility and the evidence did not heavily weigh against conviction; manifest weight overruled. |
| Motion for mistrial after improper 404(B) testimony | State: the remark was brief and immediately cured by the court’s instruction; jury presumed to follow instructions. | Allgood: trial court abused discretion by denying mistrial after prejudicial statement about prior sexual assaults. | Court: No abuse of discretion; remark was isolated, promptly struck, and extensive curative instructions given; conviction not attributable to the remark; mistrial denial overruled. |
Key Cases Cited
- Thompkins v. Ohio, 78 Ohio St.3d 380 (1997) (standard for reviewing sufficiency and manifest‑weight claims)
- Jenks v. Ohio, 61 Ohio St.3d 259 (1991) (sufficiency standard and inferences for criminal convictions)
- State v. Davis, 76 Ohio St.3d 107 (1996) (attempted rape requires substantial step toward statutory "sexual conduct," not merely sexual contact)
- State v. Heinish, 50 Ohio St.3d 231 (1990) (acts must convincingly demonstrate intent to commit statutory sexual conduct)
- State v. Group, 98 Ohio St.3d 248 (2002) (definition of attempt requires a substantial step strongly corroborative of criminal purpose)