[Cite as State v. Wilson, 2019-Ohio-4056.] COURT OF APPEALS OF OHIO EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA STATE OF OHIO, : Plaintiff-Appellee, : No. 107806 v. : MORALES WILSON, : Defendant-Appellant. : JOURNAL ENTRY AND OPINION JUDGMENT: AFFIRMED RELEASED AND JOURNALIZED: October 3, 2019 Criminal Appeal from the Cuyahoga County Court of Common Pleas Case No. CR-01-404711-ZA Appearances: Michael C. O’Malley, Cuyahoga County Prosecuting Attorney, and Carl J. Mazzone, Assistant Prosecuting Attorney, for appellee. Richard E. Hackerd, for appellant. RAYMOND C. HEADEN, J.: Defendant-appellant Morales Wilson (“Wilson”) appeals from his conviction and sentence for sexual battery and kidnapping. For the reasons that follow, we affirm. Procedural and Substantive History On March 26, 2001, the Cuyahoga County Grand Jury indicted Wilson on two counts of rape in violation of R.C. 2907.02, one count of kidnapping in violation of R.C. 2905.01, and one count of gross sexual imposition in violation of R.C. 2907.05. The indictment was the result of an incident that took place in November 2000. At that time, the victim was 17 years old, and lived with her mother, her stepfather, and her brother on East 113th Street in Cleveland, Ohio. Her stepfather’s brother, Wilson, was staying with them temporarily. The victim’s fiancé lived around the corner from her. One evening in early November 2000, T.A. and her fiancé had gotten into an argument over the phone, and she decided to sneak out of the house and go to his house to try to resolve the argument. T.A. and Wilson both testified at trial and gave differing accounts of the incident. That evening, Wilson was staying on the living room couch. T.A. testified that when she came downstairs from her bedroom to go to her fiancé’s house, Wilson stopped her and asked her what she was doing. According to T.A., Wilson told her that her mom would not like her sneaking out of the house, and “basically said if you let me touch you, then I will — I won’t tell your mom that you’re going to sneak out of the house.” Wilson then proceeded to put his hands down T.A.’s pants, suck on her breast, take off her pants, initiate sexual intercourse, and ejaculate on her stomach. T.A. testified that Wilson used a tissue to clean up before she got dressed and left the house for the night. Wilson testified that he and T.A. had consensual sex. He testified that on a previous occasion, T.A. had come downstairs and sat beside him on the couch and began asking him a lot of questions. According to Wilson, T.A. offered him oral sex and when he asked her how old she was, she said that she was 17. Wilson testified that when she tried to initiate sexual contact, he stopped her. According to Wilson, on the night of the incident in question, he woke up on the couch to T.A. rubbing his face, and they proceeded to have sexual intercourse on a chair in the same room. The following day, T.A. ...
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals