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State v. White

Court of Appeals of Ohio, Fifth District, Stark

March 31, 2017

STATE OF OHIO Plaintiff-Appellee
v.
JOHNNY C. WHITE Defendant-Appellant

         Appeal from the Stark County Court of Common Pleas, Case No. 2015CR1481.

          For Plaintiff-Appellee JOHN D. FERRERO, Prosecuting Attorney, Stark County, Ohio RENEE M. WATSON Assistant Prosecuting Attorney Appellate Section

          For Defendant-Appellant WAYNE E. GRAHAM, JR.

          JUDGES: Hon. William B. Hoffman, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

          OPINION

          Hoffman, P.J.

         {¶1} 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.

         STATEMENT OF THE FACTS AND CASE

         {¶2} 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.

         {¶3} 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.

         {¶4} 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.

         {¶5} 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 legs.

         {¶6} 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.

         {¶7} 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).

         {¶8} On May 13, 2015, the trial court sentenced Appellant to ten years in prison on the offense of rape. The trial court ...


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