[Cite as State v. Sanchez-Sanchez, 2022-Ohio-4080.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA STATE OF OHIO, : Plaintiff-Appellee, : No. 110885 v. : ELDER SANCHEZ-SANCHEZ, : Defendant-Appellant. : JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED IN PART, VACATED IN PART AND REMANDED RELEASED AND JOURNALIZED: November 17, 2022 Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-20-648576-A Appearances: Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Carl J. Mazzone, Assistant Prosecuting Attorney, for appellee. Cullen Sweeney, Cuyahoga County Public Defender, and Aaron T. Baker, Assistant Public Defender, for appellant. EILEEN A. GALLAGHER, J.: Defendant-appellant Elder Sanchez-Sanchez (“Sanchez”) appeals his convictions from the Cuyahoga County Court of Common Pleas. A jury found Sanchez guilty of rape, gross sexual imposition and illegal use of a minor in nudity- oriented material or performance. Sanchez argues that his convictions were not supported by sufficient evidence and were against the manifest weight of the evidence, that his trial counsel was ineffective, that the trial court was biased against him and that the trial court erred in permitting certain testimony and issuing a jury instruction on flight as consciousness of guilt. For the reasons that follow, we find that there was insufficient evidence presented to sustain a conviction for illegal use of a minor in nudity-oriented material and we, therefore, vacate that conviction. We affirm Sanchez’s other convictions, although we find that the trial court erred in issuing a flight instruction. I. Factual and Procedural Background On March 10, 2020, a Cuyahoga County Grand Jury returned an indictment charging Sanchez with rape through digital penetration (Count 1), gross sexual imposition through “touch[ing] breasts” and “tongue kiss[ing]” (Counts 2–3) and illegal use of a minor in nudity-oriented material or performance (Count 4). The rape count contained a “furthermore clause” specifying that the alleged victim was between 10 and 13 years old and Sanchez compelled her to submit by force or threat of force. The crimes were alleged to have taken place between on or about June 1, 2019, and November 10, 2019. The charges all relate to the same minor female — J.T. — who was 11 and 12 years old during the time covered by the indictment. After lengthy pretrial proceedings, a trial on the charges began on August 10, 2021. A. Voir Dire 1. The Trial Court’s Removal of Juror No. 18 Outside of the jury panel’s presence, the lead prosecutor informed the court that his co-counsel told him one of the prospective jurors — juror No. 18 — “was making heavy signs and making comments to the side that would indicate she doesn’t want to be here” each time the prosecutor asked a question or moved on to another prospective juror. The prosecutor stated that he raised the issue because he intended to question the prospective juror about these observations. The prosecutor’s co-counsel described what she witnessed as follows: Your Honor, I heard her yawning and saying — every time [the prosecutor conducting voir dire] would ask …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals