State v. Randles
2013 Ohio 4681
Ohio Ct. App.2013Background
- Indicted for rape under 2907.02(A)(1)(b) and gross sexual imposition; jury convicted and trial court merged counts
- Sentencing imposed 25 years to life for rape; standard minimum applies under 2907.02(B) unless under 16
- Randles challenged sentencing as plain error under Pelfrey regarding verdict form
- Edwards addressed when Pelfrey does not apply to certain offenses with no higher degree
- Court held Pelfrey does not apply to 2907.02(A)(1)(b); conviction supported; judgment affirmed
- Costs taxed to Randles; judgment entered October 23, 2013
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Pelfrey apply to 2907.02(A)(1)(b)? | Randles argues verdict form lacks degree/aggravation | State contends Edwards/Eafford negate Pelfrey applicability | Pelfrey inapplicable; conviction valid; sentence affirmed |
Key Cases Cited
- State v. Pelfrey, 112 Ohio St.3d 422 (2007-Ohio-256) (verdict form must specify degree or aggravating element)
- State v. Edwards, 2013-Ohio-3068 (2013-Ohio-3068) (Pelfrey limited; here no higher degree to enhance)
- State v. Eafford, 132 Ohio St.3d 159 (2012-Ohio-2224) (court treated possession as possession of cocaine when charged as such)