State v. Riley, Unpublished Decision (12-14-2001)
State v. Riley, Unpublished Decision (12-14-2001)
Opinion of the Court
Sometime in the late evening of May 20, 2000, Tonya Smith encountered Riley at Shaker's Nightclub in the Cincinnati suburb of College Hill. Having been casually acquainted with each other for the last seven or eight years, the two engaged in friendly conversation.
Smith testified that Riley asked her for a ride home. She agreed, and they left the club together for Riley's residence. Once there, Smith testified, Riley's demeanor changed, and he became angry and physical with her. Specifically, Riley pushed Smith onto his bed and began to grope at her and to remove articles of her clothing. They struggled and Smith pushed Riley off of her. She emphatically stated her intent that the groping was to end.
Riley then went to his closet and retrieved a .380-caliber semi-automatic pistol. Even after Riley brandished the weapon, Smith refused his demand to have intercourse with him. Riley put down the gun and began arguing with her in the living room. Smith testified that Riley then went to the bedroom to retrieve the gun again to threaten her. Smith took this opportunity to escape.
Smith went to the District Four police station to report the incident. Two police officers escorted Smith back to Riley's apartment, where Smith identified him as her assailant. The officers asked for and were given consent to search the apartment for the handgun. The search produced the described handgun as well as ammunition.
Riley testified that Smith had asked to go home with him. Upon arriving at the apartment, the two engaged in casual conversation about their respective professions. According to Riley, he excused himself to go to the bathroom, and, upon his return, Smith was sitting on the bed. Riley maintained that, at this point, Smith stated that she did not have sexual relations "for free." Riley testified that he then asked Smith to leave his home. According to Riley, Smith eventually left without further incident. Riley denied threatening her with the pistol and claimed that the firearm belonged to his cousin, who, unbeknownst to him, had brought the gun into Riley's home while he was away for two weeks.
The jury returned verdicts of guilty on both charged offenses. The trial court sentenced Riley to consecutive prison terms of four years for kidnapping, three years for the gun specification, and one year for possession of a weapon while under a disability.
In two interrelated assignments of error, Riley contends that the evidence was insufficient to support the conviction for kidnapping, and that the conviction was against the manifest weight of the evidence.
Our review of the record fails to persuade us that, in resolving conflicts in the testimony, the jury clearly lost its way and created such a manifest miscarriage of justice that the convictions must be reversed and a new trial ordered. See State v. Thompkins (1997),
In his third assignment of error, Riley contends that the trial court erred in imposing the maximum prison term for the possession-under-disability conviction, a fifth-degree felony, and in making it consecutive to the prison term for kidnapping.
Riley first claims that the trial court did not make the findings required to impose the maximum term of imprisonment for the disability conviction. Riley, however, is not entitled to appeal, nor are we permitted to review, the prison term imposed for this fifth-degree felony. R.C.
Next, Riley contests the trial court's imposition of consecutive sentences pursuant to R.C.
The trial court made the required findings and gave reasons that supported those findings, first noting that a mandatory sentence was required for the gun specification. See State v. Edmondson (1999),
Therefore, the judgment of the trial court is affirmed.
Judgment affirmed.
Gorman, P.J., Doan and Sundermann, JJ.
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