State v. Rogers

Cacioppo, Judge.

Appellant Roy Rogers was indicted for one count of rape, a violation of R.C. 2907.02, and a firearm specification. The case proceeded to a jury trial. At the close of all the evidence, Rogers moved for acquittal, pursuant to Crim.R. 29. The trial court denied the motion.

A jury found Rogers not guilty of rape, but guilty of attempted rape by use of force or threat of force on a person less than thirteen years old, and guilty of the firearm specification.

Rogers came before the court for sentencing on September 28, 1989. At the outset of the hearing, defense counsel made a motion…