YOUNGSTOWN - The appeal of a Youngstown man convicted of rape was denied despite the existence in an improper evidentiary admission in the trial being realized.

Twenty-four-year-old Sergio Gonzalez is doing a sentence of life in prison with a chance of parole in 10 years after being found guilty for the rape of an 11-year-old girl in 2018.

Gonzalez was sentenced on July 22, 2024, but on August 20 of that year he and his attorney had filed a notice of appeal.

While Mark Lavelle wasn't the attorney representing Gonzalez in his rape case, he is the attorney that would seek to appeal the convictions brought against Gonzalez.

The 7th District Court of Appeals reviewed the case and affirmed the convictions brought against Gonzalez, but the court did notice something mentioned in the appeal.

Lavelle said that the testimony of Gonzalez's grandmother Katheline Gonzalez, regarding Gonzalez engaging in sexual activity with two foster children in Katheline's care should not have been allowed.

The 7th District Court of Appeals still felt the rest of the evidence presented in court against Gonzalez was still more than enough to convict him.

Judge Mark Hanni stated, "I would find that the admission of the grandmother's testimony regarding (Sergio Gonzalez's) sexual activity with two foster children in her house was so highly prejudicial to (Sergio Gonzalez) that it could not constitute harmless error as the majority concludes. I would reverse (Sergio Gonzalez's) conviction and remand the matter for a new trial."

If Gonzalez were to be released after his sentence, he would have to register as a tier three sex offender for the rest of his life.

Below are other stories where 21 News covered this case.

 

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