[Cite as State v. Huertas-Alicia, 2024-Ohio-2214.]
IN THE COURT OF APPEALS OF OHIO ELEVENTH APPELLATE DISTRICT ASHTABULA COUNTY
STATE OF OHIO, CASE NO. 2022-A-0109
Plaintiff-Appellee, Criminal Appeal from the - vs - Court of Common Pleas
JOSUE HUERTAS-ALICIA, Trial Court No. 2021 CR 00251 Defendant-Appellant.
OPINION
Decided: June 10, 2024 Judgment: Affirmed
Colleen M. O’Toole, Ashtabula County Prosecutor, and Christopher R. Fortunato, Christine Davis, and Calvin Nguyen, Assistant Prosecutors, 25 West Jefferson Street, Jefferson, OH 44047 (For Plaintiff-Appellee).
Sarah G. Ogden, Megargel, Eskridge, & Mullins, LLP, 231 South Chestnut Street, Ravenna, OH 44266 (For Defendant-Appellant).
ROBERT J. PATTON, J.
{¶1} Appellant, Josue Huertas-Alicia (“Mr. Huertas-Alicia”), appeals from the
judgment of the Ashtabula County Court of Common Pleas that sentenced him to five,
consecutive sentences of 15 years to life imprisonment after a jury found him guilty of five
counts of rape of a minor child under 10 years of age.
{¶2} Mr. Huertas-Alicia raises two assignments of error on review, contending
the state failed to introduce sufficient evidence to support five convictions for rape, and
his convictions are against the manifest weight of the evidence. {¶3} After a careful review of the record and pertinent law, we find Mr. Huertas-
Alicia’s assignments of error to be without merit.
{¶4} First, this court notes that a complete review of the state’s evidence reveals
that while the victim’s testimony was general at times, giving only a general description
of the type of incidents and what occurred, there is no doubt from her testimony that
inappropriate sexual conduct occurred multiple times over a long period of time. This
court further finds that the child-victim’s descriptions regarding the sexual conduct, i.e.,
“penetration,” were specific enough. In sum, the state introduced sufficient evidence on
each element of the offenses from which a jury could find Mr. Huertas-Alicia guilty of five
counts of child rape.
{¶5} Second, this is not the “exceptional case” in which the evidence weighs
heavily against Mr. Huertas-Alicia’s convictions. As we often find in these types of cases,
there is scant evidence besides the testimony of the victim versus the testimony of the
defendant. Simply because the jury chose to believe the minor victim’s version of events
does not equate to a finding that the manifest weight of the evidence does not support
the jury’s verdict.
{¶6} The judgment of the Ashtabula County Court of Common Pleas is affirmed.
Substantive and Procedural History
{¶7} In May 2021, the Ashtabula County Grand Jury indicted Mr. Huertas-Alicia
on five counts of rape, first-degree felonies, in violation of R.C. 2907.02(A)(1)(b) and
2907.02(B), with a specification that the victim was under ten years of age.1
1 The indictment reflects that counts one through four are identical. In particular, counts one through four describe the same time-period, have the same subsection of R.C. 2907.02(A)(1)(b), and sexual conduct 2
Case No. 2022-A-0109 The Jury Trial
{¶8} In September 2022, the case proceeded to a four-day jury trial.
State’s Case-in-Chief
{¶9} The state presented five witnesses, B.M., the victim (d.o.b. 2/2/2013),
Zuleika Mendez (“Ms. Mendez”), B.M.’s mother; Dr. Paul McPherson (“Dr. McPherson”),
a pediatrician who evaluated B.M. for the Ashtabula Child Advocacy Center (the “ACAC”);
City of Ashtabula Detective Wesley Burns (“Det. Burns”); and Matthew Wunsch (“Mr.
Wunsch”), B.M.’s ACAC intake caseworker.
{¶10} The state’s evidence revealed that Mr. Huertas-Alicia and Ms. Mendez met
when Ms. Mendez was pregnant with B.M. They started dating several months after B.M.
was born and moved in together. Ms. Mendez started working in 2017. They would
alternate shifts so one of them would always be with B.M. and Ms. Mendez’s son (B.M.’s
older brother). Since Ms. Mendez typically worked the first shift, Mr. Huertas-Alicia would
watch B.M. in the night and in the morning. In 2019, their relationship ended, and Mr.
Huertas-Alicia moved out. He continued to watch B.M. for Ms. Mendez until January
2021.
{¶11} On January 2, 2021, Ms. Mendez and B.M. were talking in Ms. Mendez’s
room. Ms. Mendez told B.M. not to let anyone touch her. B.M., who was lying on her
mother’s bed, brought her legs together. This led to a conversation in which B.M.
disclosed to her mother that Mr. Huertas-Alicia had inappropriately touched her on
numerous occasions.
without specifying the nature of the sexual conduct. Other than setting forth a different time period of the offense, count five is the same as the prior counts. 3
Case No. 2022-A-0109 {¶12} On January 5, 2021, Ms. Mendez took B.M. to the City of Ashtabula police
department to report the incidents. They met with Det. Burns, who scheduled a forensic
interview/evaluation at the ACAC for B.M.
{¶13} B.M. was interviewed by ACAC forensic interviewer, Michelle Flick (“Ms.
Flick”) two days later. Ms. Flick was unavailable to testify at the jury trial because she
has since relocated to Florida. Det. Burns and Mr. Wunsch witnessed the interview,
watching in a separate room without B.M.’s knowledge.
{¶14} When Det. Burns completed his investigation, he submitted seven incidents
of rape for review, five of which were charged. Based on his investigation, these incidents
started when B.M. was four years old and continued until B.M. was seven years old. They
occurred at B.M.’s home, in her room and in her mother’s room, and at Mr. Huertas-
Alicia’s apartment that he shared with his brother after he and Ms. Mendez ended their
relationship.
{¶15} B.M. testified that she called Mr. Huertas-Alicia “wolf” because “he’s mean.”
She remembered being alone with Mr. Huertas-Alicia when her mom had to work. B.M.
confirmed some drawings she drew at the ACAC interview. She was drawing “what [Mr.
Huertas-Alicia] did to her”, and indicated one of the drawings depicted Mr. Huertas-Alicia’s
genitals and “me and the wolf.” She remembers laying down and feeling “something hard
and squishy that had hair,” “going in and out” of her buttocks, this happened “a lot of
times,” “in [her] house and at the wolf’s house,” “in [her] room and Mommy’s room,” “in
the night and sometimes in the morning.”
{¶16} When asked to describe how this usually happened, B.M. testified that “it
happens every time my Mommy goes to work or when I stay at his house,” “he gave me
Case No. 2022-A-0109 gummies, and then I – and then I fall asleep; and then when he goes to sleep, he does it
to me.” She further testified that he would put “something hard and squishy, that had
hair on it” “in her butt,” which would wake her up. “He would do it every night.” When she
woke up, her pants would be down. She would tell him to stop, “but he wouldn’t stop,”
and she “needed to use the bathroom.” Sometimes, the wolf would talk to her about these
incidents, telling her that “no one is going to believe you.”
{¶17} B.M. described another incident indicating anal sex, where she woke up and
told Mr. Huertas-Alicia to stop but he “wouldn’t stop.” “He put something hard and squishy
that had hair in my butt.” B.M. recounted another incident where she woke up with Mr.
Huertas-Alicia facing her with his genitals on her “privates.” She said Mr. Huertas-Alicia
touched her “private area.” In another incident, B.M. recalled Mr. Huertas-Alicia placing
his genitals in her mouth. She had the blanket over her head and was sleeping, facing
him. She felt his penis in her mouth, and she woke up. She took the blanket off and went
to the bathroom. She “thinks” she touched his genitals but could not remember.
{¶18} Dr. McPherson is a pediatrician with a specialty in child abuse pediatrics at
Akron Children’s Hospital. In October 2021, he evaluated B.M. for ACAC, who provided
him with her medical records, a recording of the interview, and a video of B.M.’s
anal/genital exam.
{¶19} In his report, Dr. McPherson concluded that B.M. “made a disclosure of
sexual contact, made from a child’s perspective using terminology consistent with the
child’s developmental abilities. The patient provided contextual and * * * verbal
interactions. The patient made statements consistent with attempted drug facilitated
sexual abuse and exposure to ejacul[ation].” At the time of her physical exam, B.M.
Case No. 2022-A-0109 showed no abnormal findings. This finding was not unusual since “90% of children
undergoing these types of exams have normal or nonspecific exams and this does not
negate B.M.’s disclosure of inappropriate sexual contact.”
{¶20} Dr. McPherson explained to the jury that he included this in his report
because many people erroneously believe one can tell by looking at a child’s genitals that
she or he has been touched. Further, anal penetration does not necessarily result in
permanent injury. Lastly, he informed the jury that delayed reporting in children is very
common. He recommended evaluation and treatment by a medical health professional.
{¶21} In an effort to admit Ms. Flick’s testimony into evidence via the video of the
forensic interview, the prosecutor conceded that he “could not get all five counts testified
by the young lady [B.M.]” before she grew tired. No additional evidence was offered to
bolster any of the rape counts.
{¶22} At the close of the state’s case-in-chief, defense counsel made a Crim.R.
29 motion challenging the sufficiency of the evidence. The defense contended the state
presented insufficient evidence to sustain any one of the five counts rape. The state
responded that there was evidence on each element of the offenses, i.e., venue, B.M.’s
age, and sexual conduct.
{¶23} The court denied the motion, finding there was sufficient evidence from
which a jury could find Mr. Huertas-Alicia guilty of five instances of child rape. The court
reviewed that there were multiple witnesses, including the victim who testified sexual
conduct occurred multiple times in multiple places.
Case No. 2022-A-0109 The Defense
{¶24} Mr. Huertas-Alicia was the sole witness for the defense. He testified that
he lived with Ms. Mendez and her two children for approximately seven years, moving in
with them shortly after B.M.’s birth. He considered B.M. his daughter, and he “raised her
as my own.” B.M. referred to him as “Dad.” He continued to stay in contact with Ms.
Mendez after the relationship ended and he would watch B.M. while Ms. Mendez was at
work. B.M. would stay at his apartment during the week throughout the time of the
COVID-19 pandemic. He denied touching B.M. inappropriately and the allegations
against him.
{¶25} At the close of the defense’s case, defense counsel made a renewed
Crim.R. 29 motion challenging the sufficiency of the evidence. The trial court denied the
motion.
Jury Verdict and Sentencing
{¶26} The jury found Mr. Huertas-Alicia guilty on all five counts of rape, with a
finding that the victim was under the age of ten.
{¶27} In October 2022, the trial court held a sentencing hearing, sentencing Mr.
Huertas-Alicia to five, consecutive terms of 15 years to life in prison, and found he is a
Tier III Sex Offender.
{¶28} Mr. Huertas-Alicia raises two assignments of error for our review:
{¶29} “[1.] The trial court erred by denying appellant’s Crim.R. 29 motion as the
State failed to provide sufficient evidence to support five convictions of rape.
{¶30} “[2.] Appellant’s convictions were against the manifest weight of the
evidence.”
Case No. 2022-A-0109 Sufficiency of the Evidence
{¶31} In his first assignment of error, Mr. Huertas-Alicia contends the state failed
to introduce sufficient evidence to support five instances of rape. He argues that the state
introduced, at most, evidence of three specific incidents, but that only one incident
suggested sexual conduct that involved penetration.
{¶32} Crim.R. 29(A) provides “[t]he court on motion of a defendant or on its own
motion, after the evidence on either side is closed, shall order the entry of a judgment of
acquittal of one or more offenses charged in the indictment, information, or complaint, if
the evidence is insufficient to sustain a conviction of such offense or offenses.” “Thus,
when an appellant makes a Crim.R. 29 motion, he or she is challenging the sufficiency of
the evidence introduced by the state.” State v. Patrick, 11th Dist. Trumbull Nos. 2003-T-
0166 and 2003-T-0167, 2004-Ohio-6688, ¶ 18.
{¶33} “‘“[S]ufficiency” is a term of art meaning that legal standard which is applied
to determine whether the case may go to the jury or whether the evidence is legally
sufficient to support the jury verdict as a matter of law.’” State v. Thompkins, 78 Ohio
St.3d 380, 386, 678 N.E.2d 541 (1997), quoting Black's Law Dictionary 1433 (6th
Ed.1990). “In essence, sufficiency is a test of adequacy.” Id. “An appellate court's
function when reviewing the sufficiency of the evidence to support a criminal conviction
is to examine the evidence admitted at trial to determine whether such evidence, if
believed, would convince the average mind of the defendant's guilt beyond a reasonable
doubt.” State v. Jenks, 61 Ohio St.3d 259, 574 N.E.2d 492 (1991), paragraph two of the
syllabus. “The relevant inquiry is whether, after viewing the evidence in a light most
Case No. 2022-A-0109 favorable to the prosecution, any rational trier of fact could have found the essential
elements of the crime proven beyond a reasonable doubt.” Id.
{¶34} Mr. Huertas-Alicia was convicted of five counts of rape in violation of R.C.
2907.02(A)(1)(b), which provides, in pertinent part, that “[n]o person shall engage in
sexual conduct with another who is not the spouse of the offender * * *, when any of the
following applies: * * * [t]he other person is less than thirteen years of age, whether or not
the offender knows the age of the other person.”
{¶35} “Sexual conduct” is defined as “vaginal intercourse between a male and
female; anal intercourse, fellatio, and cunnilingus between persons regardless of sex;
and, without privilege to do so, the insertion, however slight, of any part of the body or
any instrument, apparatus, or other object into the vaginal or anal opening of another.
Penetration, however slight, is sufficient to complete vaginal or anal intercourse.” R.C.
2907.01(A).
{¶36} At the outset, we note the difficulties inherent in prosecuting cases of child
abuse, especially cases involving a pattern of abuse occurring over years involving
persons who reside in the same household. In many cases, the victims are young and
unable to remember exact dates and times of specific events, particularly where the
abuse is alleged to have occurred over an extended period of time, such as in the case
at bar. See State v. Mundy, 99 Ohio App.3d 275, 296, 650 N.E.2d 502 (2d Dist.1994).
Further, the exact date and time is not an essential element of these offenses. State v.
Adams, 6th Dist. ErieNo. E-03-042, 2004-Ohio-4673, ¶ 14. Thus, a reasonable degree
of latitude and inexactitude is allowed with respect to the timing of the offense. It is
sufficient to prove that the alleged offense occurred at or about the time charged. State
Case No. 2022-A-0109 v. Reinhardt, 10th Dist. Franklin App. No. 04AP-116, 2004-Ohio-6443, ¶ 20, citing State
v. Madden, 15 Ohio App.3d 130, 131, 472 N.E.2d 1126 (1984).
{¶37} A review of the state’s evidence reveals that B.M. testified that multiple
incidents occurred, multiple times, at various places (her home and Mr. Huertas-Alicia’s
apartment) in the night and in the morning over a span of three years. She described the
pattern of Mr. Huertas-Alicia’s conduct. He would give her a sleep-aid and he would wait
until she fell asleep to engage in sexual conduct. She would typically awaken during the
act. She testified that he would put his genitals “in” her buttocks and move “in and out.”
She also described three more specific incidents of anal sex, fellatio, and vaginal sexual
contact.
{¶38} Further, the testimony from the other witnesses corroborated B.M.’s story,
which was consistent from the time she first disclosed the incidents to her mother and at
her ACAC interview to the time she testified at the jury trial. Ms. Mendez testified that Mr.
Huertas-Alicia was B.M.’s only other caregiver, and he watched B.M. in the night and the
morning. Det. Wunsch testified he found at least seven specific incidents from his
investigation that occurred when B.M. was between the ages of 4 and 7, five of which
were charged.
{¶39} In State v. Victor, 11th Dist. Ashtabula No. 2021-A-0046, 2022-Ohio-4159,
we rejected a similar argument to appellant’s, explaining that:
{¶40} “While [the victim] did testify as to the Gross Sexual Imposition in a blanket
manner by giving general testimony about the [appellant’s] conduct and stating that it
occurred on several occasions, her testimony was clear that this conduct did occur more
than once. Her testimony regarding his actions demonstrated that [the appellant] had
Case No. 2022-A-0109 sexual contact with her on multiple occasions, up to ten times, when she was less than
thirteen years old. Whether the level of detail provided by her testimony satisfied the trier
of fact as to the credibility of her allegations is not an issue of sufficiency. State v.
Yarbrough, 95 Ohio St.3d 227, 2002-Ohio-2126, 767 N.E.2d 216, ¶ 79 (an evaluation of
a witness’ credibility, ‘is not proper on review for evidentiary sufficiency’).
{¶41} “Further, the lack of specificity as to the dates on which this conduct
occurred does not warrant a finding of insufficiency. This court has repeatedly observed,
in the context of motions to dismiss an indictment, that the ‘precise date and time of an
alleged offense in an indictment are immaterial to the essential elements of an offense;
therefore, the failure to provide an exact date and time will not by itself warrant dismissal
of a charge.’ (Citation omitted.) In re N.Z., 11th Dist. Lake Nos. 2010-L-023, et al., 2011-
Ohio-6845, ¶ 53 (‘the specific date of sexual conduct is not an element of rape’); Matter
of J.D., 11th Dist. Lake No. 2021-L-126, 2022-Ohio-2334, ¶ 25 (‘[o]rdinarily, precise times
and dates are not essential elements of offenses’) (citation omitted). ‘[I]n cases involving
alleged sexual misconduct with young children, this court and other courts have held that
it is not mandatory for the state to provide precise dates and times because young
children are usually unable to remember such specific information and such incidents
usually take place over an extended span of time.’ State v. LaTorres, 11th Dist. Ashtabula
Nos. 2000-A-0060 and 2000-A-0062, 2001 WL 901045, *4 (Aug. 10, 2001). ‘[I]f the
evidence supports a finding that the defendant was alone with the victim during the
relevant time frame and the defense is that the sexual abuse never occurred,” rather than
an alibi defense, ‘the inability to identify a specific date does not require reversal of a
conviction.’ Id.” Id. at ¶ 20-21.
Case No. 2022-A-0109 {¶42} Challenges to the sufficiency of the evidence have been rejected under
similar circumstances. See e.g., State v. Arcuri, 11th Dist. Trumbull No. 2015-T-0123,
2016-Ohio-8254, ¶ 80 (finding sufficient evidence to sustain the appellant’s four
convictions of rape where minor victim indicated the incidents occurred during or about
the time frame alleged in the indictment); State v. Triplett, 11th Dist. Ashtabula No. 2013-
A-0018, 2013-Ohio-5190, ¶ 40 (“in cases involving the sexual molestation of minor
children, the state is not required to provide exact dates because the victims are simply
unable to remember such facts, particularly where the repeated offenses take place over
an extended period of time”); State v. Runnion, 7th Dist. Belmont No. 21 BE 0029, 2022-
Ohio-3785, ¶ 48 (it is sufficient for the state to establish the offenses occurred during the
time frame alleged).
{¶43} We agree with Mr. Huertas-Alicia that B.M.’s description of the vaginal
sexual contact does not rise to the level of sexual conduct, but that does not equate to a
finding that there was insufficient evidence to sustain five convictions for rape or that there
was insufficient evidence of five incidents of “penetration.” Although B.M.’s testimony
was general at times, giving only a description of the type of incidents and what occurred,
there is no doubt from her testimony that inappropriate sexual conduct occurred multiple
times over a long period of time. Further, her descriptions of the sexual conduct were
specific enough. See e.g. State v. Washington, 2023-Ohio-1667, 214 N.E.3d 1188, ¶
100-101 (8th Dist.) (Child victim understood and appreciated the difference between “on,”
“outside,” “in,” and “inside,” for purposes of anal penetration). Given the variety of sexual
conduct described in the child victim’s testimony, a further description of the nature of the
Case No. 2022-A-0109 sexual conduct relative to each count of rape set forth in the indictment or as clarified in
the bill of particulars would have aided in our sufficiency analysis.
{¶44} In sum, “[t]he testimony of a rape victim, if believed, is sufficient to support
each element of rape.” State v. Benchea, 11th Dist. Trumbull No. 2015-T-0054, 2016-
Ohio-1369,¶ 51, quoting State v. Kring, 10th Dist. Franklin No. 07AP-610, 2008-Ohio-
3290, ¶ 42 (internal citation omitted).
{¶45} Mr. Huertas-Alicia’s first assignment of error is without merit.
Manifest Weight of the Evidence
{¶46} In his second assignment of error, Mr. Huertas-Alicia contends his
convictions are against the manifest weight of the evidence because the evidence
presented did not prove his guilt beyond a reasonable doubt, rather it was a “she said/he
said” account of the events.
{¶47} “[W]eight of the evidence addresses the evidence's effect of inducing
belief.” State v. Wilson, 113 Ohio St.3d 382, 2007-Ohio-2202, 865 N.E.2d 1264, ¶ 25.
“In other words, a reviewing court asks whose evidence is more persuasive—the state's
or the defendant's?” Id. “‘The court, reviewing the entire record, weighs the evidence
and all reasonable inferences, considers the credibility of witnesses and determines
whether in resolving conflicts in the evidence, the jury clearly lost its way and created
such a manifest miscarriage of justice that the conviction must be reversed, and a new
trial ordered.’” Thompkins, 78 Ohio St.3d 380, at 387, quoting State v. Martin, 20 Ohio
App.3d 172, 175, 485 N.E.2d 717 (1st Dist.1983).
{¶48} “When a court of appeals reverses a judgment of a trial court on the basis
that the verdict is against the weight of the evidence, the appellate court sits as a
Case No. 2022-A-0109 ‘thirteenth juror’ and disagrees with the factfinder's resolution of the conflicting testimony.”
Id., quoting Tibbs v. Florida, 457 U.S. 31, 42, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982).
“‘[I]n determining whether the judgment below is manifestly against the weight of the
evidence, every reasonable intendment and every reasonable presumption must be
made in favor of the judgment and the finding of facts. * * * If the evidence is susceptible
of more than one construction, the reviewing court is bound to give it that interpretation
which is consistent with the verdict and judgment, most favorable to sustaining the verdict
and judgment.’” Seasons Coal Co., Inc. v. Cleveland, 10 Ohio St.3d 77, 80, 461 N.E.2d
1273 (1984), fn. 3, quoting 5 Ohio Jurisprudence 3d, Appellate Review, Section 603, at
191-192 (1978). “‘The discretionary power to grant a new trial should be exercised only
in the exceptional case in which the evidence weighs heavily against the conviction.’”
Thompkins at 387, quoting Martin at 175.
{¶49} Mr. Huertas-Mendez contends the testimony at trial was “limited” and a “he
said/she said” version of events. However, as we have often stated, “‘a conviction is not
against the manifest weight of the evidence because the trier of fact believed the state's
version of events over the defendant's version.’” State v. Gutierrez-Reynoso, 11th Dist.
Lake No. 2022-L-130, 2023-Ohio-3122, ¶ 66, quoting State v. Ferrell, 2020-Ohio-6879,
165 N.E.3d 743, ¶ 59 (10th Dist.).
{¶50} Further, “there is no requirement, statutory or otherwise, that a rape victim's
testimony be corroborated as a condition precedent to conviction.” Benchea, 2016-Ohio-
1369, at ¶ 51, quoting State v. Flowers, 10th Dist. Franklin No. 99AP-530, 2000 WL
552197, *9 (May 4, 2000). See, also In re G.H., 11th Dist. Lake No. 2015-L-037, 2015-
Ohio-5339, ¶ 27 (a rape victim’s testimony requires no corroboration). Likewise, the
Case No. 2022-A-0109 general testimony of B.M. does not compel the finding that Mr. Huertas-Alicia’s
convictions are against the manifest weight of the evidence. See Washington, 2023-
Ohio-1667, ¶ 122 (the appellant’s general complaint’s regarding the “vagueness” of the
victim’s testimony did not compel a finding that his convictions were against the manifest
weight of the evidence).
{¶51} “The choice between credible witnesses and their conflicting testimony
rests solely with the finder of fact and an appellate court may not substitute its own
judgment for that of the finder of fact.” State v. Awan, 22 Ohio St.3d 120, 123, 489 N.E.2d
277 (1986). This is because the trier of fact “is best able to view the witnesses and
observe their demeanor, gestures and voice inflections, and use these observations in
weighing the credibility of the proffered testimony.” Seasons Coal Co., Inc., 10 Ohio St.3d
77, 80. “A fact finder is free to believe all, some, or none of the testimony of each witness
appearing before it.” State v. Fetty, 11th Dist. Portage No. 2011-P-0091, 2012-Ohio-
6127, ¶ 58.
{¶52} Weighing the strength and credibility of the evidence presented and the
reasonable inferences to be drawn therefrom, we cannot say the jury clearly lost its weigh
and created such a manifest miscarriage of justice that Mr. Huertas-Alicia’s conviction
must be reversed. This is not the “‘exceptional case’” in which the evidence weighs
heavily against Mr. Huertas-Alicia’s convictions. Thompkins, 78 Ohio St.3d 380,387,
quoting Martin, 20 Ohio App.3d 172,175.
{¶53} Mr. Huertas-Alicia’s second assignment of error is without merit.
Case No. 2022-A-0109 {¶54} The judgment of the Ashtabula County Court of Common Pleas is affirmed.
EUGENE A. LUCCI, P.J.,
MATT LYNCH, J.,
concur.
Case No. 2022-A-0109