State v. Sharp
2014 Ohio 4140
Ohio Ct. App.2014Background
- Indictment: two counts of unlawful sexual conduct with a minor and one count of tampering with evidence; offenses alleged against Kyle Sharp in Putnam County, Ohio.
- Trial court convicted Sharp on all three counts and sentenced him to a total of three years; two unlawful sexual conduct counts run consecutively, tampering with evidence runs concurrent.
- Victims were minors: C.S. (15 at time of 2009 conduct) and G.R. (15 in 2012); conduct allegedly occurred at Continental Fall Festival and at Aaron’s apartment.
- Evidence included testimonies from C.S., G.R., Aaron, and Dr. Schilveret; mobile phone data and communication records were examined, but some text messages were deleted or unavailable.
- Defense presented alibi and denial; Sharp admitted some texting with G.R. but denied sexual conduct; police and forensic evidence were inconclusive in some areas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | Sharp argues the State failed to prove elements for each offense. | Sharp contends inconsistencies and lack of physical evidence undermine proof. | Evidence sufficient to support convictions for all counts. |
| Manifest weight of the evidence | Sharp challenges credibility and consistency of State witnesses. | Sharp asserts inconsistent timelines and defense credibility undermine verdicts. | Convictions not against the weight of the evidence. |
| Consecutive sentences compliance | State contends consecutive terms justified by harm and course of conduct. | Court failed to make required statutory findings under R.C. 2929.14(C)(4). | Remanded for proper findings; error in imposing consecutive sentences. |
Key Cases Cited
- State v. Monroe, 105 Ohio St.3d 384 (2005) (sufficiency standard of review for criminal convictions)
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (sufficiency and weight of evidence guidance; independent basis for weight review)
- State v. Smith, 2012-Ohio-4644 (Ohio-2012) (circumstantial evidence can establish non-spouse status for unlawful sexual conduct)
- State v. Martin, 20 Ohio App.3d 172 (1983) (standard for manifest weight review; appellate deference to trial court credibility determinations)
- State v. Branch, 2013-Ohio-3192 (2013) (lack of physical evidence not fatal to sex-offense conviction when other evidence supports guilt)
- State v. Bonnell, --- Ohio St.3d--- (2014) (requires explicit but not verbatim statutory findings for consecutive sentences; clear analysis sufficient)
- State v. Payne, 3d Dist. Hancock No. 5-04-21, 2004-Ohio-6487 (2004) (credibility determinations are for the trier of fact; appellate review defers to jury credibility)