ELYRIA — An Elyria man was convicted Friday of sexual battery for forcing himself on a woman during a date in 2005.

But Lorain County Common Pleas Judge James Burge cleared Eric Ortiz, 27, of a more serious charge of rape.

Ortiz had already been convicted of rape, but that was overturned by the 9th District Court of Appeals because Ortiz wasn’t given a competency evaluation before his trial.

Defense attorney Kenneth Lieux said he was surprised that Burge convicted Ortiz of sexual battery because the charge doesn’t really fit the allegations raised by the victim in the case, who claimed Ortiz raped her at her South Abbe Road apartment.

“I thought it was all or nothing,” Lieux said. “He either forced himself on her or he didn’t.”

Lieux said he plans to appeal the conviction.

In the meantime, Ortiz, who has already served 17 months in prison, remains free on bond. He could get up to five years in prison when he is sentenced later this year.

 

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