State v. Smelcer

Patricia A. Blackmon, Judge.

Donnie Smelcer, Sr., defendant-appellant, timely appeals the jury verdict from the Cuyahoga County Common Pleas Court finding him guilty of three counts of rape. Smelcer challenges his conviction and assigns ten assignments of error.

Having reviewed the record of the proceedings and the arguments of the parties, we find that the assignments of error are not well taken and we affirm the conviction. The apposite facts follow.

In July 1990, Smelcer and his eleven-year-old son, Donnie Jr., returned home from a trip to a nearby swimming pool. As Donnie Jr. was preparing…