State v. Tupps

Summary

The Ohio Third District Court of Appeals reviewed Jason Tupps's convictions and sentence for rape and domestic violence. The court upheld the venue ruling and adoptive-admission jury instruction, but held that the trial court failed to provide all required notifications for an indefinite prison sentence under R.C. 2929.19(B)(2)(c). The judgment was affirmed in part, reversed as to sentencing, and remanded for resentencing.

Holdings

1. The State presented substantial credible evidence from which the jury could find beyond a reasonable doubt that the rape occurred in the marital bedroom in Crawford County. The trial court therefore did not commit plain error by accepting the guilty verdict.
2. The trial court did not commit plain error by instructing the jury on adoptive admissions under Evid.R. 801(D)(2)(b), because the instruction was legally correct, applicable to the evidence, and appropriately informed the jury that the inference was permissive. Tupps also failed to show prejudice from the court's repetition of the instruction's final line.
3. A trial court imposing a non-life felony indefinite prison term must provide all notifications specified in R.C. 2929.19(B)(2)(c)(i)-(v) at the sentencing hearing. Because the trial court failed to provide all required notifications, Tupps's sentence was contrary to law and had to be reversed and remanded for resentencing.

Questions Presented

1. Whether the State presented sufficient evidence to establish Crawford County as the venue for the rape charge, despite the absence of an objection at trial.
2. Whether the trial court committed plain error by giving an adoptive-admission jury instruction under Evid.R. 801(D)(2)(b) and by repeating one neutral line of that instruction.
3. Whether Tupps's indefinite felony sentence was contrary to law because the trial court failed to provide all notifications required by R.C. 2929.19(B)(2)(c) at the sentencing hearing.

Disposition

reversed_and_remanded