State v. Anglen, 2020 Ohio 4830

Defendant Dimitrius Anglen was indicted for rape (R.C. 2907.02(A)(2)) with a prior-conviction notice and repeat-violent-offender specification; bench trial resulted in conviction for attempted rape (second-degree felony) and a four-year sentence.
Incident: hotel room encounter on Nov. 3, 2018, involving Anglen, victim T.H., and two friends; facts disputed sharply — T.H. testified Anglen forcibly held her, removed her clothing, and vaginally raped her; Anglen testified the contact was consensual and that no penetration occurred.
Medical and forensic evidence: SANE exam documented vaginal injuries (redness, tenderness, shearing) and DNA testing detected Anglen’s DNA on multiple swabs (wrist, mons pubis, thighs, belly, anal/perianal); vaginal DNA inconclusive to include/exclude Anglen.
Witnesses: friend Arnold corroborated consensual sexual activity and a condom wrapper; police observed no condom/wrapper or vomit, photos showed disarray; Anglen made inconsistent statements to police admitting oral sex and later saying he “put it in” but at trial denied penetration.
Procedural posture: Anglen raised (1) sufficiency challenge arguing the court could not convict of attempted rape when the victim testified to penetration and (2) manifest-weight challenge claiming inconsistent testimony and intoxication undermined conviction; renunciation defense was raised for first time on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency — lesser-included attempted rape	Evidence (force, injuries, DNA, defendant’s statements) supports attempted rape if penetration not proved	Trial court erred: victim testified to rape so court must find guilty or not guilty of rape and cannot convict of attempted rape	Court: Sufficient evidence for attempted rape; factfinder could disbelieve penetration claim and find substantial step toward rape
Manifest weight of the evidence	Conviction supported by SANE findings, DNA evidence, and consistency on key elements	Verdict against manifest weight due to inconsistent victim statements, disputed intoxication, and conflicting accounts	Court: No manifest miscarriage of justice; judge reasonably weighed credibility and evidence
Renunciation (affirmative defense)	N/A at trial; prosecution argued waiver	Raised for first time on appeal as defense to attempt charge	Court: Renunciation waived because not raised at trial; even if raised, evidence still supported attempted rape

State v. Thompkins, 78 Ohio St.3d 380 (set standard for reviewing sufficiency and circumscribed appellate review)
State v. Jenks, 61 Ohio St.3d 259 (standard for sufficiency of the evidence review)
State v. Lytle, 49 Ohio St.3d 154 (an indictment charging a greater offense also charges lesser included offenses)
State v. Williams, 74 Ohio St.3d 569 (attempted rape is a lesser-included offense of rape)
State v. Evans, 122 Ohio St.3d 381 (lesser-included offenses doctrine explained)
State v. Henderson, 39 Ohio St.3d 24 (substantial-step requirement for attempt)
State v. DeHass, 10 Ohio St.2d 230 (credibility of witnesses is for the trier of fact)
Seasons Coal Co. v. Cleveland, 10 Ohio St.3d 77 (factfinder best positioned to observe witness demeanor)
State v. Martin, 20 Ohio App.3d 172 (manifest-weight standard)