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State v. Brown

Court of Appeals of Ohio, Ninth District, Lorain

June 28, 2019

STATE OF OHIO Appellee
v.
CHARLES BROWN Appellant

          APPEAL FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF LORAIN, OHIO CASE No. 16CR094735

          STEVEN L. BRADLEY and MARK B. MAREIN, Attorneys at Law, for Appellant.

          DENNIS P. WILL, Prosecuting Attorney, and LINDSEY C. POPROCKI, Assistant Prosecuting Attorney, for Appellee.

          DECISION AND JOURNAL ENTRY

          SCHAFER, JUDGE.

         {¶1} Defendant-Appellant, Charles Brown, appeals from the judgment of the Lorain County Court of Common Pleas. This Court reverses.

         I.

         {¶2} D.B. is Brown's daughter, though he had little involvement in her life for many years. Once she became a preteen and teenager, Brown spent more time with her, visiting and taking her and her half-sisters for shopping trips. He also began talking to her about "sex lessons." Brown repeatedly expressed his desire to teach D.B. how to engage in both oral sex and vaginal intercourse so that she could entice and maintain the interest of a wealthy man someday. He raised the subject whenever the two were alone together; a circumstance that increased once she moved in with him and her half-sisters at the age of seventeen.

         {¶3} About a month after D.B. moved in with Brown, he grounded her because she spent the night elsewhere and failed to call home. Although he allowed her to go to work each day, he informed her that she would have to remain grounded until she complied with the sex lessons. D.B. then surreptitiously recorded several conversations she had with Brown, during which he referenced the lessons. D.B. provided the recordings to the police, and the police arrested Brown.

         {¶4} A grand jury indicted Brown on one count of attempted sexual battery, one count of attempted child endangering, and one count of domestic violence. At the conclusion of his trial, a jury found Brown guilty of the two attempt counts, but not guilty of the domestic violence count. The two attempt counts were then merged as allied offenses of similar import such that the court only sentenced Brown on the attempted sexual battery count. The court imposed a prison sentence of fourteen months and classified Brown as a tier III sexual offender.

         {¶5} Brown now appeals from the trial court's judgment and raises seven assignments of error for our review. For ease of analysis, we consolidate several of the assignments of error.

         II.

         Assignment of Error I

There was insufficient evidence of attempted sexual battery to sustain a conviction in Count One.

         Assignment of Error II

There was insufficient evidence of attempted child endangerment to sustain a conviction in Count Two.

         {¶6} In his first and second assignments of error, Brown argues that his convictions for attempted sexual battery and attempted child endangering ...


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