State v. Benton
2012 Ohio 4080
Ohio Ct. App.2012Background
- Benton was indicted in 2010 on one count of gross sexual imposition for sexual contact with his then 12-year-old stepdaughter, alleging acts from 1995–1997.
- Benton waived a jury trial; the case was tried to the court with the victim testifying about two instances of contact and Benton denying the allegations.
- The trial court credited the victim’s testimony, found Benton guilty, and sentenced him to 5 years in prison.
- Benton was classified as a Tier II sex offender at sentencing.
- On appeal Benton challenged the conviction as against the manifest weight of the evidence and argued the statute of limitations had expired.
- The Ohio Supreme Court later held that SB 10 cannot be applied retroactively to offenses committed before its enactment, prompting remand for reclassification under the prior law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Manifest weight of the evidence | Benton argues the victim’s testimony was not credible and the court erred in believing it over his. | Benton contends the conviction should be overturned due to lack of credible evidence. | Conviction affirmed; not against the manifest weight. |
| Statute of limitations | The 1995–1997 conduct was barred by the original 6-year limit and thus improper to indict later. | The 1999 amendment extended the limitations period to 20 years, applying to unexpired cases, so indictment was timely. | Limitations extended; 20-year period applies; indictment timely. |
| Classification as a Tier II sex offender | Trial court properly classified Benton as Tier II under SB 10. | SB 10 cannot be retroactively applied to offenses committed before its enactment for classification. | Tier II classification reversed; remanded for reclassification under the law in effect at the time of the offense. |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (2011) (SB 10 retroactivity to pre-enactment offenses)
- State v. Warren, 168 Ohio App.3d 288 (2006) (statute-of-limitations extension not ex post facto)
- State v. Swint, 2004-Ohio-614 (5th Dist.) (extension of limitations is procedural, not substantive)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (crucial standard for reviewing weight of the evidence)
- State v. Smith, 196 Ohio App.3d 431 (2011) (remand for reclassification under law in effect at time of offense)