State v. Moore

KATHLEEN ANN KEOUGH, J.:

{¶ 1} Defendant-appellant, Cecil Moore appeals his conviction for sexual battery. Finding merit to the appeal, we reverse and remand for further proceedings.

{¶ 2} In March 2016, Moore was charged rape, sexual battery, and kidnapping; the kidnapping offense contained a sexual motivation specification. The case proceeded to a jury trial where the following evidence was presented.

{¶ 3} During a lunch hour in the summer of 2015, the victim first met Moore in line at a Wendy's restaurant on the west side of Cleveland. Moore bought her lunch, and the two ate their lunches…