State v. Long

Summary

The Ohio Third District Court of Appeals reviews Jeremy Long’s convictions and sentences for multiple rape and gross sexual-imposition offenses involving minor victims. The court states that the judgment is affirmed in part, reversed in part, and remanded, following review of the indictment amendments, trial proceedings, evidentiary matters, and sentencing.

Holdings

1. The amendment of Counts 1 and 3 from rape under R.C. 2907.02(A)(1)(a) to rape under R.C. 2907.02(A)(2) impermissibly changed the identity of the crimes charged because the offenses contained different elements requiring independent proof. The trial court therefore erred in granting the amendment, and the convictions on Counts 1 and 3 had to be reversed.
2. The remaining six convictions were not against the manifest weight of the evidence. The jury was entitled to credit the victims' testimony despite inconsistencies, delayed disclosures, and Long's contrary testimony, and the evidence did not weigh heavily against the convictions.

Questions Presented

1. Whether the trial court violated Crim.R. 7(D) and Long's constitutional rights by permitting the State to amend Counts 1 and 3 immediately before trial from rape under R.C. 2907.02(A)(1)(a) to rape under R.C. 2907.02(A)(2).
2. Whether Long's convictions on the remaining six counts were against the manifest weight of the evidence.

Disposition

reversed_and_remanded