State v. Conley, Unpublished Decision (9-30-2003)
State v. Conley, Unpublished Decision (9-30-2003)
Opinion of the Court
OPINION
{¶ 1} On August 3, 2001, the Stark County Grand Jury indicted appellant, John Conley, on three counts of unlawful sexual conduct with a minor in violation of R.C.{¶ 2} A jury trial commenced on January 28, 2002. The jury found appellant guilty of the two counts of furnishing alcoholic beverages to underage persons. The jury found appellant not guilty of one of the counts of unlawful sexual conduct with a minor, the one count of complicity to unlawful sexual conduct with a minor and the one count of sexual imposition. The jury was unable to reach a verdict on the remaining two counts of unlawful sexual conduct with a minor. These two counts were amended to one count of contributing to the unruliness or delinquency of a minor in violation of R.C.
{¶ 3} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:
{¶ 9} This case involves three misdemeanor sentences. The criteria for felony sentencing set forth in R.C.
{¶ 10} Misdemeanor sentencing is governed by R.C.
{¶ 11} "In determining whether to impose imprisonment or a fine, or both, for a misdemeanor, and in determining the term of imprisonment and the amount and method of payment of a fine for a misdemeanor, the court shall consider the risk that the offender will commit another offense and the need for protecting the public from the risk; the nature and circumstances of the offense; the history, character, and condition of the offender and the offender's need for correctional or rehabilitative treatment; any statement made by the victim under sections
{¶ 12} The trial court gave a lengthy dissertation on its sentencing decision, including a visit to R.C.
{¶ 13} Assignments of Error I, II and III are denied.
{¶ 15} On review for sufficiency, a reviewing court is to examine the evidence at trial to determine whether such evidence, if believed, would support a conviction. State v. Jenks (1991),
{¶ 16} Appellant was convicted of furnishing alcoholic beverages to underage persons pursuant to R.C.
{¶ 17} "(A) Except as otherwise provided in this chapter, no person shall sell beer or intoxicating liquor to an underage person, shall buy beer or intoxicating liquor for an underage person, or shall furnish it to an underage person, unless given by a physician in the regular line of the physician's practice or given for established religious purposes or unless the underage person is accompanied by a parent, spouse who is not an underage person, or legal guardian."
{¶ 18} The jury found appellant furnished alcohol to two thirteen year olds, Eric Brock Boston and David Clark. Mr. Boston testified appellant gave him a vodka and orange juice sometime around New Years. Vol. III T. at 28-29. Mr. Clark testified appellant gave him vodka and orange juice as well, but could not remember when other than sometime during the school year. Vol. IV T. at 14-16. Dallas Foster, a visitor to appellant's home, testified to observing the boys consume alcohol in appellant's home. Id. at 74-75. William Clark, Mr. Clark's older brother, testified to consuming alcohol, vodka and orange juice, in appellant's home around December. Id. at 130. Diana Miller, another visitor to appellant's home, testified she drank and observed alcohol, specifically vodka, in appellant's home. Vol. III T. at 208-209.
{¶ 19} We find the direct evidence of the minor boys who testified appellant furnished them with alcohol to be substantiated by the testimony of the other witnesses who observed alcohol in appellant's home around New Years and consumed the same type of alcoholic beverage.
{¶ 20} Upon review, we find sufficient credible evidence to support the convictions, and no manifest miscarriage of justice.
{¶ 21} Assignment of Error IV is denied.
{¶ 22} The judgment of the Court of Common Pleas of Stark County, Ohio is hereby affirmed.
By Farmer, J., Hoffman, P.J., and Boggins, J. concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.