State v. Robinson
2012 Ohio 1686
Ohio Ct. App.2012Background
- Indictment charged Robinson with rape (two counts) and sexual battery; rape counts alleged substantial impairment and force/ threat of force.
- DNA from Robinson found in victim D.K.’s vagina per stipulation read to the jury.
- Jury heard eyewitness and expert testimony on D.K.’s intoxication, condition, and alleged sexual activity with Robinson.
- Witness testimony described D.K.’s severe intoxication at the scene and in hospital; some testimony conflicted on who dragged her and timing.
- Trial court merged the rape and sexual battery convictions but sentenced concurrently; notice issues arose regarding post-release control.
- Court remanded for a new sentencing hearing to resolve merger properly and address post-release-control notice defects; convictions affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is sufficiency of evidence of substantial impairment | State argues D.K. was substantially impaired and Robinson knew | Robinson contends lack of proof of impairment at time of sexual conduct | Sufficient evidence; impairment shown and known by Robinson. |
| Whether the convictions are against the manifest weight of the evidence | State contends witness credibility supported guilt | Robinson claims credibility issues and inconsistent testimony | Convictions not against the weight of the evidence. |
| Whether allied offenses were improperly sentenced concurrently after merging | State concedes merger; requests concurrent sentencing otherwise proper | Robinson argues plain error in concurrent sentencing after merger | Plain error; sentences for merged offenses must be a single sentence; remanded for new sentencing. |
| Whether post-release-control notice was proper in sentencing and entry | State concedes notice defects | Robinson argues sentencing is void for notice failure | Remanded for resentencing under R.C. 2929.191 to fix post-release-control notice. |
Key Cases Cited
- State v. Whitfield, 124 Ohio St.3d 319 (Ohio 2010) (merger and sentencing for allied offenses; notice requirements)
- State v. Singleton, 124 Ohio St.3d 173 (Ohio 2009) (postrelease control notice; procedure to correct failures)
- State v. Kalish, 120 Ohio St.3d 23 (Ohio 2008) (mandatory post-release control notices and procedures)
- State v. Jordan, 104 Ohio St.3d 21 (Ohio 2004) (requirement to inform at sentencing and journal entry)