State v. Lindsay
2011 Ohio 1708
Ohio Ct. App.2011Background
- A.W., a mentally handicapped adult receiving services, walked from a bar and accepted a ride to her apartment from Lindsay.
- At Lindsay’s apartment, A.W. was unable to leave; Lindsay dragged her inside and removed her clothes despite her protests.
- Lindsay during the encounter attempted to rape A.W., using bath gel or hair oil; she resisted and called 911.
- A.W. escaped momentarily, but Lindsay prevented exit and kept her in the apartment, delaying apprehension; police arrived as she escaped.
- DNA testing later matched Lindsay on A.W.’s breast; Lindsay was charged with rape, attempted rape, and kidnapping; acquitted of rape, convicted of gross sexual imposition, attempted rape, and kidnapping; sentenced to 11 years with five years of mandatory postrelease control and classified as a Tier III offender.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consecutive sentences—are kidnapping and attempted rape allied offenses? | Lindsay argues merger under 2941.25. | Lindsay contends allied offenses forbid multiple punishments. | No error; separate animus found; multiple convictions upheld. |
| Postrelease control notification at sentencing | State concedes improper notification; remand appropriate. | N/A | Remanded for limited resentencing on postrelease control. |
Key Cases Cited
- State v. Johnson, --- Ohio St.3d ----, 2010-Ohio-6314 (2010) (overruled Rance; consider conduct to determine allied offenses)
- State v. Williams, 124 Ohio St.3d 381, 2010-Ohio-147 (2010) (separate animus required for multiple convictions)
- State v. Logan, 60 Ohio St.2d 126, 397 N.E.2d 1345 (1979) (separate-animus framework for kidnapping vs. related offenses)
- State v. Donald, 57 Ohio St.2d 73, 386 N.E.2d 1341 (1979) (rape and kidnapping can be allied offenses with separate intent)