Criminal Appeal from (Common Pleas Court) Trial Court Case No. 2012-CR-02.
LISA M. FANNIN, Atty. Reg. #0082337, Clark County Prosecutor's Office, Attorney for Plaintiff-Appellee.
HAL R. ARENSTEIN, Atty. Reg. #0009999, Attorney for Defendant-Appellant.
(¶ 1} Defendant-appellant Timothy Jones appeals from his conviction and sentence for Gross Sexual Imposition. In his sole assignment of error, Jones contends that the conviction is against the manifest weight of the evidence.
(¶ 2} We conclude that the conviction is not against the manifest weight of the evidence. Accordingly, the judgment of the trial court is Affirmed.
I. While Staying the Night at her Sister's Home, M.T., a Minor, Has Three Encounters During the Night with her Sister's Boyfriend.
(¶ 3} In November 2011, M.T. spent the night with her sister, S.M., at her sister's residence. At that time, M.T. was fourteen. At about 10:30, Jones, who resided with S.M., returned home. Jones, S.M. and M.T. ate dinner and then went to bed. Jones and S.M. went to bed in the bedroom; M.T. went to sleep on the living room couch.
(¶ 4} M.T. woke up during the night because she "felt like something touched or crossed by [her] lower stomach." She observed Jones walking past her. Jones asked her whether she wanted the pillow. She responded affirmatively, retrieved the pillow and went back to sleep.
(¶ 5} M.T. awakened later while lying on her stomach, with her jacket pushed up, when she "felt something on [her] lower back." Again, she observed Jones walking by her, and again he asked her if she wanted a pillow. He also asked her whether she wanted the bathroom light on or off M.T. ended up falling back to sleep.
(¶ 6} M.T. was awakened a third time that night:
Q. And there was another occasion that again caused you to awaken from your sleep?
A. Yeah, I felt like my pants were like lower, my pajama pants. And it was like right underneath my butt; and I felt something wet on my back and, like, splash my butt. And that time I was facing towards the wall; and I turned around and [Jones] was right there between the couch and the coffee table and, like, kneeling there. And I got up and just ran to my sister's room.
A. Okay. I want to take you back now, okay, and I'm gonna have to ask you a few questions about this incident. When you say you felt, you say your pants were down, can you explain to the Judge what you mean your pants were down and where they were at.
A. Like they were just like down like right below my butt, but just like the back part of my pajama pants. It was like my ...