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State v. Shreve

Court of Appeals of Ohio, Fifth District, Stark

October 30, 2017

STATE OF OHIO Plaintiff-Appellee
v.
JACK SHREVE Defendant-Appellant

         Appeal from the Court of Common Pleas, Case No. 2016CR1488

          For Plaintiff-Appellee JOHN D. FERRERO Prosecuting Attorney By: KATHLEEN O. TATARSKY Assistant Prosecuting Attorney

          For Defendant-Appellant DONOVAN HILL

          Hon. Patricia A. Delaney, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant, Jack Shreve, appeals his December 28, 2016 conviction in the Court of Common Pleas of Stark County, Ohio. Plaintiff-Appellee is the state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On August 16, 2016, the Stark County Grand Jury indicted appellant on two counts of rape in violation of R.C. 2907.02 and one count of gross sexual imposition in violation of R.C. 2907.05. Said charges arose from incidents involving the daughter of his live-in girlfriend. The daughter, K.H., was under ten years old at the time.

         {¶ 3} A jury trial commenced on December 12, 2016. The jury found appellant guilty of one of the rape counts and the gross sexual imposition count, and not guilty of the other rape count. By judgment entry filed December 28, 2016, the trial court sentenced appellant to an aggregate term of life imprisonment with parole eligibility after serving fifteen years.

         {¶ 4} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

         I

         {¶ 5} "THE APPELLANT'S CONVICTIONS WERE AGAINST THE MANIFEST WEIGHT AND SUFFICIENCY OF THE EVIDENCE."

         I

         {¶ 6} In his sole assignment of error, appellant claims his convictions were against the manifest weight and ...


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