Court of Appeals of Ohio, Fifth District, Richland
from the Richland County Court of Common Pleas, Case No.
Plaintiff-Appellee GARY BISHOP Prosecuting Attorney Richland
County, Ohio JOSEPH C. SNYDER Assistant Prosecuting Attorney.
Defendant-Appellant WENDELL R. LINDSAY, PRO SE
William B. Hoffman, P.J Hon. John W. Wise, J. Hon. Craig R.
Defendant-appellant Wendell Lindsay appeals the June 10, 2019
judgment entry entered by the Richland County Court of Common
Pleas, which overruled his motion for new trial.
Plaintiff-appellee is the state of Ohio.
OF THE FACTS AND CASE
On March 4, 2010, the ten-year-old victim approached her
guidance counselor at school and told her "my
mother's boyfriend has been raping me." (T. 197).
During the investigation into the sexual assault, the victim
disclosed her mother's boyfriend, Appellant, had come
into the room she shared with her younger sister on the
morning of March 4, 2010, pulled down her underwear, and
stuck his tongue in her vagina. (T. at 198; 269). This was
not the first time a sexual incident had occurred. The victim
told the social worker who interviewed her Appellant had
placed his mouth on her vagina approximately six times and
penetrated her vagina with his penis a total of seven times.
(T. at 271).
After the disclosures, the victim's father took her to
the hospital for a sexual assault examination. The nurse who
performed the exam found physical evidence consistent with
the victim's allegations. As part of the examination,
swabs were taken of the victim's pubic area and the
underwear she was wearing at the time of the examination were
collected. DNA collected from the underwear and the pubic
area of the victim was consistent with Appellant's DNA.
The Richland County Grand Jury indicted Appellant on five
counts of rape, five counts of sexual battery, and five
counts of gross sexual imposition. Following the jury trial,
Appellant was convicted of one count of rape, one count of
sexual battery, and one count of gross sexual imposition. The
jury returned verdicts of not guilty on the remaining
The trial court conducted a sentencing hearing on October 27,
2010. The trial court found the three charges were allied
offenses. The state elected to go forward on the charge of
rape and requested Appellant be sentenced to ten years to
life. The trial court merged the offenses for sentencing
purposes and imposed a term of incarceration of ten years to
Appellant filed a direct appeal. This Court affirmed
Appellant's convictions and sentence in State v.
Wendell Lindsay, 5th Dist. Richland No. 2010-CA-0134,
2011-Ohio-4747. The Ohio Supreme Court did not accept
Appellant's appeal for review. State v. Lindsay,
131 Ohio St.3d 1555, 2012-Ohio-2263, 967 N.E.2d 765.
On December 14, 2011, Appellant filed an application to
reopen his appeal, which this Court denied on January 26,
2012. Appellant filed a motion to reconsider, which we also
denied. Appellant appealed our denial to the Ohio Supreme
Court, which the Court dismissed on June 7, 2012.
Appellant filed an amended motion for acquittal pursuant to
Crim. R. 29 on September 26, 2012, and a motion ...