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2025 Ohio 3057

State v. Hudson

Ohio Court of Appeals

Decided August 27, 2025

Ohio Court of Appeals · decided 2025-08-27

SUFFICIENT EVIDENCE — MANIFEST WEIGHT — IMPORTUNING — R.C. 2907.07: Defendant's conviction for importuning was supported by sufficient evidence and was not against the manifest weight of the evidence where the juvenile victim testified that defendant school-security guard texted her to determine what class she was in, showed up outside of her classroom, and when the victim left class to go to the restroom, defendant waited for her and then asked her to engage in sexual activity.

Relies on State v. Thompkins · State v. Jenks

Decided 2025-08-27

[Cite as State v. Hudson, 
2025-Ohio-3057
.]



                    IN THE COURT OF APPEALS
                FIRST APPELLATE DISTRICT OF OHIO
                    HAMILTON COUNTY, OHIO


STATE OF OHIO                                 :        APPEAL NO.        C-240554
                                                       TRIAL NO.         B-2305953
         Plaintiff-Appellee,                  :

   vs.                                        :
                                                            JUDGMENT ENTRY
TREVON HUDSON                                 :

         Defendant-Appellant.                 :

                                              :

                                              :

                                              :



          This cause was heard upon the appeal, the record, and the briefs.
          For the reasons set forth in the Opinion filed this date, the judgment of the trial
court is affirmed.
          Further, the court holds that there were reasonable grounds for this appeal,
allows no penalty, and orders that costs be taxed under App.R. 24.
          The court further orders that (1) a copy of this Judgment with a copy of the
Opinion attached constitutes the mandate, and (2) the mandate be sent to the trial
court for execution under App.R. 27.


To the clerk:
Enter upon the journal of the court on 8/27/2025 per order of the court.


By:_______________________
      Administrative Judge
[Cite as State v. Hudson, 
2025-Ohio-3057
.]



                   IN THE COURT OF APPEALS
               FIRST APPELLATE DISTRICT OF OHIO
                   HAMILTON COUNTY, OHIO


 STATE OF OHIO,                              :   APPEAL NO.    C-240554
                                                 TRIAL NO.     B-2305953
       Plaintiff-Appellee,                   :

    vs.                                      :
                                                      OPINION
 TREVON HUDSON,                              :

       Defendant-Appellant.                  :



Criminal Appeal From: Hamilton County Court of Common Pleas

Judgment Appealed From Is: Affirmed

Date of Judgment Entry on Appeal: August 27, 2025



Connie M. Pillich, Hamilton County Prosecuting Attorney, and Jon Vogt, Assistant
Prosecuting Attorney, for Plaintiff-Appellee,

Schuh & Goldberg, LLP, and Brian T. Goldberg, for Defendant-Appellant.
                 OHIO FIRST DISTRICT COURT OF APPEALS


NESTOR, Judge.

       {¶1}   After a middle-school security officer, defendant-appellant Trevon

Hudson, made an inappropriate sexual remark to 12-year-old D.T., he was convicted

of importuning. Arguing that the State did not present sufficient evidence that he

committed the offense and that the record does not credibly establish that he

committed the offense, he appeals, asserting a sole assignment of error.

       {¶2} Because his conviction was supported by sufficient evidence and was

not against the manifest weight of the evidence, we overrule his sole assignment of

error and affirm the judgment of the trial court.

                     I.   Factual and Procedural History

       {¶3} On November 20, 2023, 12-year-old D.T., was a middle-school student

in Cincinnati. Hudson worked at D.T.’s school as a security guard and coach, so she

was somewhat familiar with him. However, interaction between the two was limited

until the day in question. That day, D.T. had to go to the principal’s office because she

saw a fight between two other students and the administration wanted an eyewitness

account of what happened.

       {¶4} While waiting in the principal’s office, Hudson approached D.T. and

asked for her phone number, as he explained, to discuss playing basketball. D.T.,

believing Hudson was sincere, saw no issue and gave him her number.

       {¶5} That same afternoon, Hudson texted D.T. two separate emojis. One text

had two muscle-flexing emojis and the other had an emoji of hands making a heart

shape. He did not mention basketball in either text. Afterwards, D.T. went back to

class, and Hudson randomly showed up. While she was in another class, Hudson

texted her again asking, “What class you in?”

       {¶6} At some point, D.T. and another girl left that class to go to the restroom.


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                 OHIO FIRST DISTRICT COURT OF APPEALS


Hudson claims he heard a commotion and responded because students were

misbehaving. When the two girls came out of the restroom, Hudson told D.T. to “come

here.” D.T. testified that when she went over to Hudson, he got close to her ear and

said, “Can I eat you out.” D.T. said that she responded, “[N]o your mouth is probably

dirty,” and he responded, “I guarantee you it’s not.”

       {¶7}   Hudson contends that D.T. fabricated this exchange. Hudson testified

that instead he said, “[Y}ou need to tighten up, don’t be f***ing goofy,” because he

thought she was misbehaving.

       {¶8} The school surveillance video confirms Hudson leaning in to speak to

D.T. as she came out of the restroom. But the video does not have any audio to confirm

the verbal exchange. After this disputed interaction, D.T. returned to class.

       {¶9} D.T. talked to her older sister, also a student at the school, and the two

reported what had happened to a member of the school’s faculty. This led D.T., her

sister, and the faculty member to the assistant principal. The assistant principal took

D.T. and her sister to his office, and they contacted their mother.

       {¶10} The assistant principal performed his own investigation of the incident.

He began by verifying Hudson’s phone number and looking through D.T.’s phone to

match the number with Hudson’s. He then watched the surveillance footage to verify

there was an interaction between the two. After his investigation, he called the school’s

assigned resource officer.

       {¶11} At trial, Hudson testified on his own behalf. He testified that part of his

job as a security guard was to reach out to students and get to know them. Even though

Hudson admitted that he did not have a preexisting relationship or friendship with

D.T., he claimed that he did know who she was from seeing her around the school. He

also admitted that he was the boys’ basketball coach, not the girls’. Further, he


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                 OHIO FIRST DISTRICT COURT OF APPEALS


testified that he did not always communicate with students by phone, but when he did

it was just to see “if they needed help or anything.”

       {¶12} As for the emojis, Hudson claimed that they were meant to express

support and unity. He also said that the muscle emoji referred to him being called “the

muscle” by some students, and he was letting D.T. know it was him texting her. He

concluded that he cupped his hand around D.T.’s ear while speaking to her because he

was telling her to correct her behavior and he did not want to embarrass her in front

of other students.

       {¶13} On December 20, 2023, Hudson was indicted for one count of

importuning in violation of R.C. 2907.07(A), a felony of the third degree. After a bench

trial, Hudson was found guilty and sentenced to three years of community control and

ordered to enter and complete the River City Correctional Program. In addition,

Hudson was classified as a Tier I sex offender.

       {¶14} Hudson now appeals and asserts a single assignment of error arguing

that his conviction was not supported by sufficient evidence and was against the

manifest weight of the evidence.

                                   II.   Analysis

                          A. Sufficiency of the Evidence

       {¶15} In his first issue presented for review, Hudson asserts that his

conviction is not supported by sufficient evidence.        “To determine whether a

conviction is supported by sufficient evidence, we inquire ‘whether, after viewing the

evidence in a light most favorable to the prosecution, any rational trier of fact could

have found the essential elements of the crime proven beyond a reasonable doubt.’”

State v. Trentman, 
2024-Ohio-5661, ¶ 20
 (1st Dist.), quoting State v. Jenks, 
61 Ohio St.3d 259
 (1991), paragraph two of the syllabus.


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                 OHIO FIRST DISTRICT COURT OF APPEALS


       {¶16} In pertinent part, Ohio’s importuning statute provides that “[n]o person

shall solicit a person who is less than thirteen years of age to engage in sexual activity

with the offender, whether or not the offender knows the age of such person.” R.C.

2907.07(A). D.T. testified that Hudson offered to perform oral sex on her. This

comment to D.T. constituted solicitation to engage in sexual activity. In addition, D.T.

testified that she was 12 years old at the time of the solicitation, which satisfied the

victim-age requirement in the statute.

       {¶17} Viewing the evidence in the light most favorable to the prosecution, a

rational trier of fact could find the essential elements of importuning were proven

beyond a reasonable doubt.

                       B. Manifest Weight of the Evidence

       {¶18} In his second issue presented for review, Hudson asserts that his

conviction for importuning was against the manifest weight of the evidence. When

reviewing the weight of the evidence, appellate courts must examine the entire record,

weigh the evidence and all reasonable inferences, consider the credibility of the

witnesses, and decide whether the trier of fact clearly lost its way and created a

manifest miscarriage of justice. State v. Gibson, 
2023-Ohio-1640, ¶ 12
 (1st Dist.),

citing State v. Thompkins, 
78 Ohio St.3d 380, 387
 (1997). Also, competing evidence

is not enough to say that a court’s decision was against the manifest weight of the

evidence. In re D Children, 
2025-Ohio-1517, ¶ 27
 (1st Dist.). Convictions “may only

be reversed under a manifest [] weight review in exceptional cases where the evidence

weighs heavily against the conviction.” State v. Harper, 
2025-Ohio-2059, ¶ 18
 (1st

Dist.), citing State v. Sexton, 
2025-Ohio-718, ¶ 21
 (1st Dist.).

       {¶19} Here, the record contains evidence of a middle-school security guard

texting a 12-year-old female student multiple times.               While this behavior is


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                 OHIO FIRST DISTRICT COURT OF APPEALS


inappropriate in almost every circumstance, it is even more so in this context. Hudson

claims that he reached out to D.T. about basketball, but he is not the girls coach. The

text messages did not reference basketball. Having no previous relationship with D.T.

outside of seeing her in the hallway, he texted her the hands-creating-a-heart emoji, a

muscle-flexing emoji, and asked her what class she was in before he randomly

appeared in her classroom.

        {¶20} Also, as confirmed by surveillance video, he stood outside of the girls’

restroom and waited for D.T. Other girls walked out of the restroom and around the

hall and he did not interact with them. As soon as D.T. and her friend exited the

restroom, he called her over, cupped his hand around her ear, and, as she testified, he

asked her, “Can I eat you out?” The factfinder was free to believe this statement over

Hudson’s self-serving testimony. During her testimony, there was nothing presented

that called D.T.’s credibility into question.

        {¶21} After reviewing the entire record, we cannot hold that the trier of fact

clearly lost its way. In sum, we have a middle-school security officer who admitted to

texting a 12-year-old girl at the school. He showed up to her class and waited for her

in the hallway outside of the restroom. Once she left the restroom, he motioned her

towards him, cupped his hand around her ear, and invited her to engage in sexual

activity.

        {¶22} D.T. immediately went to her sister and a faculty member and reported

the event. Hudson’s argument that D.T. fabricated the story, and his assertion that he

did not make an inappropriate sexual remark is not enough to render the court’s

decision against the manifest weight of the evidence. This case is not the exceptional

case in which evidence weighs heavily against the conviction. Therefore, we hold that

Hudson’s conviction is not against the manifest weight of the evidence.


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                 OHIO FIRST DISTRICT COURT OF APPEALS


       {¶23} Because Hudson’s conviction was supported by sufficient, credible

evidence, and was not against the weight of the evidence, we overrule his sole

assignment of error.

                               III.   Conclusion

       {¶24} Based on the foregoing, we overrule the assignment of error and affirm

the judgment of the trial court.

                                                               Judgment affirmed.

BOCK, P.J., and MOORE, J., concur.




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