FIRST DISTRICT

COURT OF APPEALS

        

THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT.  THEY ARE NOT HEADNOTES OR SYLLABI.  INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.

 

DATE: Friday, July 26, 2024

CAPTION: STATE V. LEONARD

APPEAL NO.: C-230589

TRIAL NO.: B-2203839

KEY WORDS: INDICTMENT — SENTENCING

SUMMARY: The trial court did not commit plain error by convicting defendant of rape when the indictment contained an imprecise date of the offense: where the precise date is not an essential element of the crime and where the victim testified to the timeframe of the offense and defendant agreed with the victim that the offense occurred during that time, and where defendant did not present any evidence as to how his defense would have been different and changed the outcome of his trial if the indictment had contained the precise date of the offense.

Defendant’s sentence was contrary to law where the trial court failed to advise defendant of the R.C. 2929.19(B)(2)(c) notifications in conjunction with his non-life felony indefinite prison sentence under the Reagan Tokes Law. 

JUDGMENT: AFFIRMED IN PART, REVERSED IN PART, AND CAUSE REMANDED 

JUDGES: OPINION by WINKLER, J.; ZAYAS, P.J., and CROUSE, J., CONCUR.