State v. Deluca, 88615 (8-2-2007)

JOURNAL AND OPINION

{¶ 1} Defendant-appellant Ralph DeLuca appeals his gross sexual imposition convictions, raising six assignments for our review. For the reasons that follow, we vacate appellant's convictions on sufficiency of the evidence grounds.

{¶ 2} Appellant was indicted by a Cuyahoga County Grand Jury on two counts of gross sexual imposition, felonies of the fourth degree in violation of R.C. 2907.05(A)(1). The case proceeded to a jury trial. At the conclusion of the State's case, the defense made a Crim.R. 29 motion for acquittal, which was denied. The defense rested without…