Summary
This Ohio Court of Appeals decision reviews Michael Groh’s convictions for ten counts of gross sexual imposition and his challenge to consecutive sentencing. The court addresses arguments regarding insufficient evidence, manifest weight of the evidence, and due process claims concerning the indictment's lack of specific dates. Applying de novo and clear-and-convincing standards of review, the appellate court finds the evidence sufficient, rejects the due process claim as unpreserved and unprejudicial, and upholds the trial court's consecutive sentencing findings. The judgment of the Defiance County Common Pleas Court is affirmed.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to sustain the ten convictions and whether the convictions were against the manifest weight of the evidence
- Whether the trial court erred in imposing consecutive sentences for the ten convictions
- Whether the indictment’s lack of specific dates violated the defendant’s due‑process rights
Holdings
- The convictions are affirmed; the evidence was sufficient and not against the manifest weight of the evidence.
- The consecutive sentencing is affirmed; the trial court’s findings satisfy R.C. 2929.14(C)(4) and the appellate court lacks authority to overturn absent clear and convincing evidence.
- The due‑process claim is overruled; an indictment need not state exact dates when such precision is not essential to the offense.
Key quotations
“Consecutive terms are necessary to adequately protect the public and are not disproportionate to the seriousness of the offender’s conduct and to the danger the offender poses to the public...” (¶11)
“R.C. 2953.08 defines the parameters and standards—including the standard of review—for felony‑sentencing appeals. An appellate court may vacate or modify a felony sentence on appeal only if it determines by clear and convincing evidence that the record does not support the trial court’s findings...” (¶34)
Factual background
A grand jury indicted Groh on ten counts of gross sexual imposition for alleged touching of a ten‑year‑old victim, S.S., between October 2014 and September 2015 while she was sitting on his lap under a blanket. S.S. testified that Groh touched her private parts on at least a dozen occasions. Other witnesses corroborated the emotional impact of the alleged conduct. The jury convicted Groh on all ten counts and the trial court imposed consecutive twenty‑four‑month terms for each count.
Procedural history
The Defiance County Grand Jury indicted Groh on ten counts of gross sexual imposition. A jury returned guilty verdicts on all counts. The trial court sentenced Groh to twenty‑four months for each count to be served consecutively, total twenty years. Groh appealed alleging insufficient evidence, manifest‑weight error, improper consecutive sentencing, and a due‑process defect in the indictment.
Remand instructions
The cause is hereby remanded to the trial court for execution of the judgment for costs.