State v. Jones
2013 Ohio 150
Ohio Ct. App.2013Background
- Appellant Edward Dailey Jones II was tried bench trial for rape and unlawful sexual conduct with a minor involving 13-year-old S.P. in August 2011.
- State alleged Jones initiated S.P. into a secret group through sexual acts and that S.P. performed fellatio on Jones during initiation.
- A.P. and Kaya Burbank were involved as associates who interacted with the group and recruitment efforts.
- Detective Nichols interviewed Jones; Jones admitted some contact but denied sexual conduct, claiming age misperception about S.P.
- Trial court found Jones guilty of rape and unlawful sexual conduct with a minor, merged the latter, and sentenced him to 10 years; Jones appealed raising four assignments of error.
- Assignments of error were addressed and the judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency/weight of evidence supporting rape and unlawful conduct | Jones contends the verdicts are against the weight and sufficiency of the evidence. | State argues the victim's testimony, coupled with surrounding evidence, suffices. | Convictions not against weight or sufficiency; affirmed. |
| Admission of other-acts evidence under Evid.R. 404(B) | Kaya's initiation-sex conversation was admissible to show motive/plan. | Appellant argues it was improper character evidence. | Admissible under Williams to prove motive, preparation, and plan. |
| Sentencing within Kalish framework after HB 86 | Ten-year term for rape constitutes an excess given his record. | HB 86 allows 3–11 year term; court properly weighed factors. | Sentence within statutory range; not an abuse of discretion. |
| Potential issues on other-acts testimony related to A.P. and group involvement | Evidence regarding A.P.'s group involvement aided context of the group dynamics. | Such testimony was not improper and did not prejudice due process. | No reversible error; admissibility upheld. |
Key Cases Cited
- State v. Godby, 12th Dist. No. CA2005-03-056, 2006-Ohio-205 (Ohio 2006) (sufficiency/weight standard; appellate review of evidence)
- State v. Eskridge, 38 Ohio St.3d 56, 1988 (Ohio 1988) (force/contraint and threat in rape elements; circumstantial proof allowed)
- State v. Cooper, 12th Dist. No. CA2010-05-113, 2011-Ohio-1630 (Ohio 2011) (credibility and weight of witness testimony determined by trial court)
- State v. Kash, 12th Dist. No. CA2002-10-247, 2004-Ohio-415 (Ohio 2004) (weight review; credibility of witnesses is for the trier of fact)
- State v. Williams, 2012-Ohio-5695 (Ohio Supreme Court 2012) (Evid.R. 404(B) admissibility for motive/plan clarified)
- State v. Rose, 2012-Ohio-5607 (Ohio 2012) (HB 86 Kalish framework; sentencing within range; no mandated factual findings)
- State v. Kalish, 120 Ohio St.3d 23, 2008-Ohio-4912 (Ohio 2008) (two-step review of felony sentences; compliance with sentencing statutes)