Court of Appeals of Ohio, Twelfth District, Fayette
CRIMINAL APPEAL FROM FAYETTE COUNTY COURT OF COMMON PLEAS
Case No. CRI20160326
C. Weade, Fayette County Prosecuting Attorney, 110 East Court
Street, Washington C.H., Ohio 43160, for plaintiff-appellee
Law Group, LLC, Stephen T. Wolfe, 1350 West 5th Avenue, Suite
124, Columbus, Ohio 43212, for defendant-appellant
1} Defendant-appellant, Richard Davidson, appeals
his conviction in the Fayette County Court of Common Pleas
for unlawful sexual conduct with a minor and aggravated
possession of drugs. For the reasons detailed below, we
2} On February 3, 2017, Davidson was indicted on one
count of unlawful sexual conduct with a minor in violation of
R.C. 2907.04, a third-degree felony, and aggravated
possession of drugs in violation of R.C. 2925.11, a
fifth-degree felony. Davidson waived his right to a jury
trial and the matter was tried to the bench.
3} The state presented evidence that R.S. was 13
years old and Davidson was 43 years old on November 24, 2016.
R.S. testified that she had dating profiles on the websites
"Uber Horny" and "Fling" where she listed
her age as 19 years old. It was through these dating or
hookup websites that R.S. met Davidson. Following
communication through these websites, R.S. arranged a
rendezvous with Davidson at her home, telling him to park at
a nearby business and come around to the back door.
4} When Davidson arrived, R.S. testified that she
let him into the house and led him into her bedroom and told
him to be quiet so as not to wake her grandmother. R.S.
testified that they sat on the bed and talked for
approximately 30 minutes during which Davidson, on numerous
occasions, asked how old she was. R.S. stated that she told
Davidson each time that she was 19 years old. At one point,
Davidson asked R.S. what her birthdate was and she responded,
"I told him it was 12/26 and then I paused on the year
because I had to do the math * * * I told him '97, 12/26
5} After talking, R.S. stated that Davidson began
kissing her and advanced toward pursuing sexual conduct.
Eventually, R.S. testified that Davidson removed her pants
and underwear and performed oral sex on her and digitally
penetrated her over the next 90 minutes. At some point,
R.S.'s grandmother came to check on her and discovered
Davidson, naked and attempting to hide behind a dresser. As a
result, R.S.'s grandmother called the police. Davidson
remained at the house until the police arrived, maintaining
that he believed R.S. was older.
6} Thereafter, Davidson's car was impounded and
detectives discovered a glass pipe in the center console of
the vehicle with a quantity of methamphetamine. Results from
the Bureau of Criminal Investigation confirmed that the
substance tested positive for methamphetamine.
7} Following the introduction of the state's
evidence, Davidson moved for a Crim.R. 29 motion for
acquittal, which was denied. Thereafter, Davidson rested his
case. The trial court found Davidson guilty of both counts
and sentenced him to four years in prison on the unlawful
sexual conduct charge to be served concurrent with a 12-month
sentence on the drug possession offense. Davidson was also
classified as a Tier II sexual offender. Davidson now
appeals, raising three assignments of error for review.
8} Assignment of Error No. 1:
9} THE EVIDENCE PRESENTED AT TRIAL WAS INSUFFICIENT
TO SUPPORT THE CONVICTIONS.