from the Stark County Court of Common Pleas, Case No.
Plaintiff-Appellee JOHN D. FERRERO, Prosecuting Attorney,
Stark County, Ohio RENEE M. WATSON Assistant Prosecuting
Attorney Appellate Section
Defendant-Appellant WAYNE E. GRAHAM, JR.
JUDGES: Hon. William B. Hoffman, P.J. Hon. John W. Wise, J.
Hon. Craig R. Baldwin, J.
Defendant-appellant Johnny C. White appeals his conviction
and sentence entered by the Stark County Court of Common
Pleas on one count of rape, in violation of R.C.
2907.02(A)(2). Plaintiff-appellee is the state of Ohio.
OF THE FACTS AND CASE
In 2015, S.H. was seventeen years-old and living with her
mother and siblings in Alliance, Ohio. Her mother was
incarcerated in August of 2015.
S.H. met Appellant in a park. Appellant was twenty seven
years-old and homeless. Appellant represented to S.H. he was
nineteen years-old, and his entire family was deceased,
including his children. Appellant gave S.H. a cell phone so
he could talk to her. S.H. permitted Appellant to stay at her
house on at least two occasions. S.H. and Appellant engaged
in consensual sexual conduct, including digital penetration.
Appellant's ex-girlfriend contacted S.H. informing her
Appellant was in fact twenty seven years-old and had living
children. The ex-girlfriend told S.H. everything Appellant
had told to S.H. was a lie.
On August 6, 2015, S.H. was home alone sitting on the front
porch when Appellant walked past her home. S.H. maintains she
did not want to talk to Appellant due to her conversation
with his ex-girlfriend, and went inside. She prepared for bed
in the bathroom, and when she came out Appellant was on the
couch. Appellant pressured S.H. to have sex, and she said no.
Appellant then put her on the floor, wrapped his arms around
her arms, kissed her neck, and removed her pants and
underwear. He then engaged in vaginal intercourse. S.H.
maintains she told Appellant no, and he persisted wrapping
his arms around her arms, and pressing his legs against her
In the morning, S.H. contacted the Alliance Police
Department. S.H. underwent a rape examination. The Y-STR test
detected a single male DNA profile consistent with
Appellant's on the vaginal swab. The police contacted
Appellant, who denied sexual conduct with S.H. Following the
return of the DNA evidence, Appellant admitted to consensual
sexual intercourse with S.H.
Following a jury trial, Appellant was found guilty of rape,
in violation of R.C. 2907.02(A)(2), and not guilty of
aggravated burglary, in violation of R.C. 2911.11 (A)(2).
On May 13, 2015, the trial court sentenced Appellant to ten
years in prison on the offense of rape. The trial court