State v. Ortiz

Dickinson, Presiding Judge.

INTRODUCTION

{¶ 1} Eric Ortiz had sex with T.B., which she said was without her consent. The grand jury indicted him for rape, and following a bench trial, the court convicted him of the lesser included offense of sexual battery. The court sentenced him to five years of community control and told him that he would be classified as a Tier III sex offender under the Adam Walsh Act. Ortiz has appealed his conviction and sexual-offender classification, arguing that the evidence did not support the court’s consideration of sexual battery as a lesser included offense, that…