State v. Williams, 2017 Ohio 5598

Background

Defendant Jerry D. Williams was tried by the bench and convicted of rape (vaginal intercourse), gross sexual imposition, kidnapping, three firearm specifications, and having a weapon under disability based on a prior juvenile robbery adjudication; total sentence 9 years.
Victim (J.H.), then 17, testified Williams forced sex at gunpoint in a basement bedroom; sexual-assault exam found semen with DNA including Williams.
Investigative record included an initial on-scene cruiser interview in which the victim denied being raped, later interviews in which she reported nonconsensual sex and described guns, and a nurse examiner’s report describing injuries consistent with trauma.
Trial court granted Crim.R. 29 acquittal on one count (digital penetration) but convicted on the remaining counts and found firearm specifications proven on circumstantial evidence.
On appeal Williams raised: (1) sufficiency/manifest-weight of the evidence, (2) constitutionality of the weapon-under-disability conviction based on a juvenile adjudication, (3) jail-time credit calculation, and (4) ineffective assistance of counsel. The court affirmed on all counts; one judge dissented as to the juvenile-adjudication issue.

Issues

Issue	Plaintiff's Argument (State)	Defendant's Argument (Williams)	Held
Sufficiency / manifest weight of evidence of rape, GSI, kidnapping, and firearm specs	Evidence (victim testimony, nurse findings, DNA, and contemporaneous reports) was sufficient; circumstantial proof can show firearm operability	Victim’s statements were inconsistent; initial denial and changing details undermine credibility; no recovered gun	Affirmed — evidence sufficient and not against manifest weight; factfinder entitled to credit victim and circumstantial evidence for firearm operability
Constitutionality of weapon-under-disability (predicate = juvenile adjudication)	Statute valid; juvenile adjudication can be a predicate for R.C. 2923.13(A)(2)	Relying on State v. Hand, argued juvenile adjudication (no jury) cannot serve as predicate for adult firearm disability conviction	Affirmed — majority declined to apply Hand; found Hand limited to statutes that enhance sentence/degree and did not show plain error; concurrence dissented, applying Hand’s reasoning to vacate the disability conviction
Jail-time credit calculation	Trial court credited 20 days (defense requested 20 days); state argued records insufficient to show additional credit	Williams requested 236 days credit for overlapping pretrial custody; argued Fugate requires credit across concurrent matters	Affirmed — appellant failed to show error; record insufficient to link Ross County custody to Franklin County conviction; plain error not shown
Ineffective assistance of counsel (various omissions)	Counsel’s strategic choices were reasonable; no prejudice shown under Strickland	Counsel failed to call officer, object to court questioning, present mitigation, challenge juvenile-predicate, and seek full jail credit	Affirmed — court found counsel’s choices within reasonable strategy and no reasonable probability of different result; Hand-based challenge not clearly viable at trial time; cumulative-error claim failed

Key Cases Cited

State v. Hand, 73 N.E.3d 448 (Ohio 2016) (held juvenile adjudications cannot be treated as prior convictions to enhance sentence)
Alleyne v. United States, 570 U.S. 99 (U.S. 2013) (facts increasing mandatory minimums are elements to be found beyond a reasonable doubt)
Apprendi v. New Jersey, 530 U.S. 466 (U.S. 2000) (other than prior conviction, any fact that increases penalty must be submitted to a jury)
State v. Fugate, 883 N.E.2d 440 (Ohio 2008) (defendants sentenced to concurrent terms entitled to jail-time credit applied toward all prison terms for charges on which they were held)
Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-part test for ineffective assistance of counsel)
State v. Jenks, 574 N.E.2d 492 (Ohio 1991) (standard for sufficiency review)