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State v. Wilson

Court of Appeals of Ohio, Fifth District, Stark

January 16, 2018

STATE OF OHIO, Plaintiff-Appellee
v.
JEREMY DAVID WILSON, Defendant-Appellant

         Appeal from the Stark County Court of Common Pleas, Case No. 2016CR2121

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

          DONOVAN HILL For Defendant-Appellant.

          JUDGES: Hon. W. Scott Gwin, P.J. Hon. William B. Hoffman, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          HOFFMAN, J.

         {¶1} Defendant-appellant Jeremy Wilson appeals his conviction and sentence entered by the Stark County Court of Common Pleas, on one count of sexual battery, in violation of R.C. 2907.03(A)(5), a felony of the second degree, following a jury trial. Plaintiff-appellee is the state of Ohio.

         STATEMENT OF THE CASE AND FACTS

         {¶2} On November 17, 2016, the Stark County Grand Jury secretly indicted Appellant on the aforementioned charge. The charge arose out of numerous incidents involving Appellant's biological daughter, who was less than thirteen years of age, and taking place between October 23, 2005, and December 31, 2013. Appellant appeared for arraignment on December 2, 2016, and entered a plea of not guilty to the charge.

         {¶3} The trial court conducted an Arnold hearing on January 27, 2017. Megan Dahlheimer, a pediatric nurse practitioner, and Carrie Schnirring, a psychology assistant, testified to the statements made by the victim during their examination and treatment. The trial court ruled limited statements made in the course of treatment and diagnosis would be allowed during the jury trial.

         {¶4} The trial court conducted a hearing on March 2, 2017. Following the hearing, Appellant withdrew his motion to allow the jury to hear evidence of a prior allegation after the victim testified to the nature of that prior allegation.

         {¶5} The matter proceeded to trial on March 6, 2017. The following evidence was adduced at trial.

         {¶6} The victim testified, when she was approximately three years old, the family was residing in a trailer in Waynesburg, Ohio. Appellant took her into the bedroom he shared with the victim's mother and proceeded to touch her vaginal area with his fingers. The victim recalled the family moved to her aunt's house in Canton when she was in the third grade. Appellant engaged in sexual contact with the victim while the family resided in Canton. Appellant continued to abuse the victim until she was 11 or 11 ½ years old.

         {¶7} The sexual contact usually involved Appellant sticking his finger into the victim's vagina. When she was small, Appellant would insert one finger into her vagina, but as she advanced in age, he would use two fingers. Appellant would sometimes lick her vagina.

         {¶8} When the victim was nine or ten years old, Appellant took her on an out-of-state trip in the semi-truck he drove. While it was still light outside, Appellant had the victim take a nap with him in a bed placed in the back ...


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