STATE OF OHIO, Plaintiff-Appellee, v. MEGAN REYES-ROSALES, Defendant-Appellant.
Case No. 15CA1010
IN THE COURT OF APPEALS OF OHIO FOURTH APPELLATE DISTRICT ADAMS COUNTY
RELEASED: 6/3/2016
[Cite as State v. Reyes-Rosales, 2016-Ohio-3338.]
Harsha, J.
DECISION AND JUDGMENT ENTRY
Tyler E. Cantrell and John B. Caldwell, Office of Young & Caldwell, L.L.C., West Union, Ohio, for appellant.
David Kelley, Adams County Prosecuting Attorney, and Kris D. Blanton, Adams County Assistant Prosecuting Attorney, West Union, Ohio, for appellee.
Harsha, J.
{1} Reyes-Rosales, who was convicted of sexual battery, argues that the trial court erred by denying her motions for judgment of acquittal and that her conviction was against the manifest weight of the evidence. She claims that the state did not establish that the victim, seventeen-year old Z.H., was “in custody of law” or that she had “supervisory or disciplinary authority” over Z.H. when they engaged in sexual conduct.
{2} The state introduced testimony that: (1) the child victim, seventeen-year-old Z.H., had been placed in the Wilson Children‘s Home (“Children‘s Home“) by a court order after having been adjudicated delinquent; (2) Reyes-Rosales, a nurse at the home, engaged in sexual conduct with Z.H. when she had custody of him and was responsible for his care and well-being; and (3) Reyes-Rosales had supervisory authority over the children who resided in the home, including Z.H. Because the jury was free to credit this evidence, it did not clearly lose its way or create a manifest
{3} Next, Reyes-Rosales contends that the trial court abused its discretion by denying her requested jury instructions. She requested the court to instruct that: (1) “in custody of law” requires the victim to be a prisoner or inmate; (2) to find her guilty of
{4} Finally, Reyes-Rosales asserts that the trial court erred by taking judicial notice of the juvenile‘s confinement to the Children‘s Home. We find this assertion to be meritless because the record does not establish the premise of the question—that the court took judicial notice of Z.H.‘s confinement at the home. Instead, the state introduced testimonial evidence that Z.H. was committed to the home by court order after being adjudicated to be a delinquent child. Thus, it was the jury that determined whether Reyes-Rosales engaged in sexual conduct with Z.H. while he was “in custody of law,” not the court.
{5} Therefore, we overrule Reyes-Rosales‘s assignments of error and affirm her conviction and sentence.
I. FACTS
{7} Jill Wright, the Executive Director of Adams County Children‘s Services, testified that the Juvenile Court placed seventeen-year-old child, Z.H., in the Children‘s Home in March 2014 after adjudicating him to be a delinquent child. Melissa Taylor, the Superintendent of the Children‘s Home, similarly testified that Z.H. was admitted from juvenile court in a delinquency case. The Children‘s Home is a safe haven for children who are abused, neglected, or dependent and it also serves to house unruly and delinquent children in a restricted, residential setting. Executive Director Wright further testified that all persons who worked at the Children‘s Home were service providers for the residents.
{8} Superintendent Taylor testified that she and everybody working at the home were part of a team and had supervisory authority over all the children residing there. Reyes-Rosales, an employee of Travco Behavioral Health Center, Inc., worked as a nurse at the Children‘s Home. According to Taylor, Reyes-Rosales had supervisory authority over the children, and that when Reyes-Rosales was with Z.H., she had custody over him and was responsible for his care and well-being.
{9} Reyes-Rosales‘s primary duty at the Children‘s Home was to coordinate mental-health therapy sessions between the therapist and patients, but she had no control over the type of therapy, medication, or treatment that anyone received while
{10} In June 2014, Reyes-Rosales and Z.H. were in an office at the Children‘s Home when he told her that he wanted to have sex with her and pulled down his pants. Reyes-Rosales then performed oral sex on him. Z.H. testified that he initiated the physical relationship and that Reyes-Rosales could not discipline him or tell him what to do. Reyes-Rosales initially denied engaging in sexual conduct with Z.H., but later admitted it.
{11} After the court denied her
{12} The jury returned a verdict finding Reyes-Rosales guilty of sexual battery in violation of
II. ASSIGNMENTS OF ERROR
{13} Reyes-Rosales assigns the following errors for our review:
I. THE COURT COMMITTED REVERSIBLE ERROR IN DENYING THE DEFENDANT‘S MOTIONS FOR ACQUITTAL UNDER RULE 29.
III. MRS. REYES-ROSALES[‘] CONVICTION WAS AGAINST THE MANIFEST WEIGHT OF THE EVIDENCE AND SHOULD BE OVERTURNED.
IV. THE COURT ERRED TO THE PREJUDICE AND DETRIMENT OF THE DEFENDANT BY TAKING JUDICIAL NOTICE OF THE JUVENILE‘S CONFINEMENT TO THE ADAMS COUNTY CHILDREN‘S HOME.
III. LAW AND ANALYSIS
A. Sufficiency and Manifest Weight of the Evidence
1. Standard of Review
{14} In her first assignment of error Reyes-Rosales asserts that the trial court erred by denying her
{15} “When a court reviews a record for sufficiency, ‘[t]he relevant inquiry is whether, after viewing the evidence in a light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt.‘” State v. Maxwell, 139 Ohio St.3d 12, 2014-Ohio-1019, 9 N.E.3d 930, ¶ 146, quoting State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (1991),
{16} In her third assignment of error Reyes-Rosales argues that her conviction was against the manifest weight of the evidence. In determining whether a criminal conviction is against the manifest weight of the evidence, an appellate court must review the entire record, weigh the evidence and all reasonable inferences, consider the credibility of witnesses, and determine whether, in resolving conflicts in the evidence, the trier of fact clearly lost its way and created such a manifest miscarriage of justice that the conviction must be reversed. State v. Thompkins, 78 Ohio St.3d 380, 387, 678 N.E.2d 541 (1997); State v. Hunter, 131 Ohio St.3d 67, 2011-Ohio-6254, 960 N.E.2d 955, ¶ 119. “Although a court of appeals may determine that a judgment of a trial court is sustained by sufficient evidence, that court may nevertheless conclude that the judgment is against the weight of the evidence.” Thompkins at 387.
{17} However, we are reminded that generally, the weight and credibility of evidence are to be determined by the trier of fact. State v. Kirkland, 140 Ohio St.3d 73, 2014-Ohio-1966, 15 N.E.3d 818, at ¶ 132. “A jury, sitting as the trier of fact, is free to believe all, part or none of the testimony of any witness who appears before it.” State v. West, 4th Dist. Scioto No. 12CA3507, 2014-Ohio-1941, ¶ 23. We defer to the trier of fact on these evidentiary weight and credibility issues because it is in the best position
{18} These assignments of error also require our interpretation of
2. Law and Analysis
{19} Reyes-Rosales argues that the state failed to establish she had committed sexual battery as proscribed by
{20} “Our primary concern when construing statutes is legislative intent.” State v. Marcum, 146 Ohio St.3d 516, 2016-Ohio-1002, 59 N.E.3d 1231, ¶ 8. “In determining that intent, we first look to the plain language of the statute[, and] [w]hen the language is unambiguous and definite, we apply it as written.” Id. If the language is clear, ” ‘there is no occasion to resort to other means of interpretation.‘” Griffith v. Aultman Hosp., 146 Ohio St.3d 196, 2016-Ohio-1138, 54 N.E.3d 1188, ¶ 18, quoting Slingluff v. Weaver, 66 Ohio St.2d 621, 64 N.E. 574 (1902), paragraph two of the syllabus; see also State v. Erskine, 2015-Ohio-710, 29 N.E.3d 272, ¶ 26 (4th Dist.).
{21} If the words and phrases used have not acquired a technical or particular meaning, whether by legislative definition or otherwise, we read them in context and construe them according to common usage. State v. Manocchio, 138 Ohio St.3d 292, 2014-Ohio-785, 6 N.E.3d 47, ¶ 17, citing
{22} Neither the “in custody of law” nor the “supervisory or disciplinary authority” phrase in
{23} “Custody” means “[t]he care and control of a thing or person for inspection, preservation, or security” and “law” means “[t]he judicial and administrative process; legal action and proceedings.” Black‘s Law Dictionary 412 and 900 (8th Ed.2004). Reyes-Rosales argues that
{24} The state established through the uncontroverted testimony of Adams County Children‘s Services Executive Director Jill Wright and Children‘s Home Superintendent Melissa Taylor that when Reyes-Rosales engaged in sexual conduct with Z.H., the child was a resident of the Children‘s Home because he had been adjudicated delinquent and placed there by court order. Z.H.‘s liberty was restrained by the court order placing him at the Children‘s Home. Therefore, the jury had sufficient evidence before it to determine that Z.H. was “in custody of law” when Reyes-Rosales engaged in sexual conduct with him. Likewise, the jury did not clearly lose its way or create a manifest miscarriage of justice by reaching that conclusion.
{25} “In the absence of evidence that Reyes-Rosales had any disciplinary authority over Z.H., the next inquiry is whether the state proved that Reyes-Rosales had ‘supervisory authority’ over Z.H. ‘Supervisory’ means ‘of, pertaining to, or having supervision‘; ‘supervision’ means ‘the act or function of supervising‘; and ‘supervise’ is synonymous with the words ‘manage, direct, control, [and] guide.‘” Webster‘s New
{26} Reyes-Rosales argues that “[n]o evidence was presented in this matter to establish that [she] had supervisory * * * authority over Z.H.” But she ignores or seeks to minimize the testimony of Adams County Children‘s Services Executive Director Wright, who testified that all persons who worked at the Children‘s Home were service providers for the residents, and Children‘s Home Superintendent Taylor, who testified that she and everybody working at the home were part of a team and had supervisory authority over all the children residing there. And according to Taylor, Reyes-Rosales had supervisory authority over the children, and when Reyes-Rosales was with Z.H., she had custody over him and was responsible for his care and well-being. This testimony, when credited, supports a conclusion that Reyes-Rosales had the power or right to direct the actions of Z.H.
{27} Reyes-Rosales relies on Arega, 2012-Ohio-5774, 983 N.E.2d 863, in which there was no evidence that a nursing assistant exercised supervisory or disciplinary authority over a patient at a skilled nursing facility. The court in that case cited Wilson v. State, 605 S.E.2d 921 (Ga.App.2004), where there was no evidence that a nursing assistant at a nursing home had any supervisory authority over the patients in the nursing home in a trial for sexual assault under Georgia law. Arega at ¶ 20-22. Both of these cases are distinguishable because there is evidence here from Executive Director Wright and Superintendent Taylor establishing that Reyes-Rosales had supervisory authority over Z.H.
{29} Because the evidence was sufficient to establish that Reyes-Rosales committed the offense of sexual battery in violation of
B. Jury Instructions
1. Standard of Review
{30} In her second assignment of error Reyes-Rosales contends that the trial court erred in denying her motion for specific jury instructions related to the
2. Law and Analysis
{31} Reyes-Rosales asked the trial court to give the following jury instructions on the
{32} “Requested jury instructions should ordinarily be given if they are correct statements of law, if they are applicable to the facts in the case, and if reasonable minds might reach the conclusion sought by the requested instruction.” Adams, 144 Ohio St.3d 429, 2015-Ohio-3954, 45 N.E.3d 127, at ¶ 240, citing Murphy v. Carrollton Mfg. Co., 61 Ohio St.3d 585, 591, 575 N.E.2d 828 (1991).
{33} Reyes-Rosales first requested that the jury be instructed that
{34} Next, Reyes-Rosales requested that the jury be instructed that it could not find her guilty of sexual battery under
{35} Finally, Reyes-Rosales requested that the jury be instructed that consensual sexual conduct between persons sixteen years or older is legal in Ohio. Although this statement is generally true, it is not true in the specific circumstances set
C. Judicial Notice
{36} In her fourth assignment of error Reyes-Rosales claims that the trial court erred by taking judicial notice of the juvenile‘s confinement to the Children‘s Home. The state did request that the trial court take judicial notice that Z.H. was under a court order and was in the custody of Adams County Children‘s Services in ruling on Reyes-Rosales‘s motion for judgment of acquittal at the close of the state‘s case. However, there is no indication on the record that the trial court did so. Indeed, the issue of whether Z.H. was “in custody of law” when he engaged in sexual conduct with Reyes-Rosales was submitted for resolution by the jury. Nor was it necessary for the trial court to take judicial notice because Adams County Children‘s Services Executive Director Wright testified, without objection, that when Reyes-Rosales engaged in sexual conduct
IV. CONCLUSION
{37} Therefore, having overruled Reyes-Rosales‘s assignments of error, we affirm the judgment of the trial court.
JUDGMENT AFFIRMED.
It is ordered that the JUDGMENT IS AFFIRMED and that Appellant shall pay the costs.
The Court finds there were reasonable grounds for this appeal.
It is ordered that a special mandate issue out of this Court directing the Adams County Court of Common Pleas to carry this judgment into execution.
IF A STAY OF EXECUTION OF SENTENCE AND RELEASE UPON BAIL HAS BEEN PREVIOUSLY GRANTED BY THE TRIAL COURT OR THIS COURT, it is temporarily continued for a period not to exceed sixty days upon the bail previously posted. The purpose of a continued stay is to allow Appellant to file with the Supreme Court of Ohio an application for a stay during the pendency of proceedings in that court. If a stay is continued by this entry, it will terminate at the earlier of the expiration of the sixty day period, or the failure of the Appellant to file a notice of appeal with the Supreme Court of Ohio in the forty-five day appeal period pursuant to
A certified copy of this entry shall constitute the mandate pursuant to
Abele, J. & McFarland, J.: Concur in Judgment and Opinion.
For the Court
BY:
William H. Harsha, Judge
NOTICE TO COUNSEL
Pursuant to Local Rule No. 14, this document constitutes a final judgment entry and the time period for further appeal commences from the date of filing with the clerk.