State v. Collins
2014 Ohio 2443
Ohio Ct. App.2014Background
- Victim D.S., age 13, left home to drink and went to defendant Bryan Collins’ house, where Collins (father of a friend) provided alcohol and a Xanax pill.
- While impaired, D.S. sat beside Collins on an L-shaped couch; Collins removed her jeans and underwear and performed cunnilingus while she told him to stop and felt unable to move.
- The assault stopped when another juvenile, M.H., entered the room; D.S. later slept at a friend’s house and disclosed the assault months later to a school counselor.
- Collins was indicted for unlawful sexual conduct with a minor (R.C. 2907.04), initially pled no contest then withdrew that plea, proceeded to jury trial, and was convicted.
- The trial court sentenced Collins to the maximum statutory term of five years and designated him a Tier II sex offender; Collins appealed challenging the sentence and the manifest weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by imposing the maximum (5-year) sentence | State: sentence was within statutory range and justified by defendant’s criminal history, PSI, and lack of remorse | Collins: as a first-time felony offender with mitigating facts (drinking, alleged victim flirtation) he should receive a lesser/minimum term | Court: affirmed — maximum within statutory range, trial court considered R.C. 2929.11/2929.12 factors, no abuse of discretion or legal error |
| Whether the conviction was against the manifest weight of the evidence | State: victim’s credible testimony and supporting facts (drugs/alcohol provided, inability to move, contemporaneous events) support conviction | Collins: attacks credibility and argues evidence does not support guilt | Court: affirmed — jury did not lose its way; weight and credibility were for the jury to decide |
Key Cases Cited
- State v. Foster, 109 Ohio St.3d 1 (Ohio 2006) (trial court has discretion to impose any sentence within statutory range following Foster)
- State v. Mathis, 109 Ohio St.3d 54 (Ohio 2006) (trial court must consider R.C. 2929.11 and 2929.12 principles when sentencing)
- State v. Kalish, 120 Ohio St.3d 23 (Ohio 2008) (two-step appellate review for felony sentences)
- State v. Thompkins, 78 Ohio St.3d 380 (Ohio 1997) (standard for manifest-weight review)
- State v. DeHass, 10 Ohio St.2d 230 (Ohio 1967) (credibility determinations are for the trier of fact)
- AAAA Enterprises, Inc. v. River Place Community Redevelopment, 50 Ohio St.3d 157 (Ohio 1990) (definition of abuse of discretion)