2013 Ohio 821
Ohio Ct. App.2013Background
- Cedeno appeals his rape and sexual battery convictions after a bench trial in Cuyahoga County.
- He was indicted on kidnapping, two counts of rape, and two counts of sexual battery, with various specifications and prior-conviction notices.
- The trial concerned events the night of March 18–19, 2011, involving the victim (a friend of Cedeno’s wife Brenda) who drank heavily, used drugs, and fell asleep on a couch after Cedeno returned with alcohol.
- The victim awoke to Cedeno allegedly penetrating her; she fled the house, called 911, and later was treated; the nurse noted the victim cried uncontrollably.
- Brenda testified that Cedeno suggested the encounter was consensual or implied the victim enticed him, while Cedeno’s defense portrayed the encounter as consensual and influenced by drug use.
- The trial court found Cedeno guilty of rape (Count 3) and sexual battery (Count 5), merged Count 5 into Count 3, and sentenced him to five years; on appeal, the convictions were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence was legally sufficient to sustain the convictions | Cedeno: insufficient evidence to prove substantial impairment and knowledge | Cedeno: lack of proof of substantial impairment/knowledge | Yes; sufficient evidence supported substantial impairment and knowledge. |
| Whether the convictions are against the manifest weight of the evidence | Cedeno: weight favors acquittal due to inconsistent testimony | Cedeno: victim’s testimony credible; defense credibility lacks impact | No; not against the manifest weight; credible evidence supports convictions. |
Key Cases Cited
- State v. Tenace, 109 Ohio St.3d 255 (Ohio 2006) (standard for sufficiency of evidence beyond a reasonable doubt)
- State v. Jenks, 61 Ohio St.3d 259 (Ohio 1991) (syllabus: reasonable doubt standard in sufficiency review)
- State v. Bridgeman, 55 Ohio St.2d 261 (Ohio 1978) (sanity of jury instruction/sufficiency review)
- State v. Zeh, 31 Ohio St.3d 99 (Ohio 1987) (substantial impairment may be proven by evidence of reduced ability to act)
- State v. Theodus, 2012-Ohio-2064 (Ohio 2012) (applying Zeh to voluntary intoxication as substantial impairment)