THE STATE OF OHIO, APPELLANT AND CROSS-APPELLEE,
v.
MUTTART, APPELLEE AND CROSS-APPELLANT.
Supreme Court of Ohio.https://leagle.com/images/logo.png
Submitted May 23, 2007.
Decided October 11, 2007.
Attorney(s) appearing for the Case
Robert A. Fry, Hancock County Prosecuting Attorney, and Mark C. Miller, Assistant Prosecuting Attorney, for appellant and cross-appellee.
Maria Santo, for appellee and cross-appellant.
Laura A. Perkovic, urging affirmance on behalf of amicus curiae Ohio Association of Criminal Defense Lawyers.
Davis & Young, Richard M. Garner, and Beverly A. Adams, for amicus curiae TIG Insurance Company.
Supreme Court of Ohio.
O'CONNOR, J.
{¶ 1} After trial by jury, appellant, Dennis Muttart, was convicted of three counts of raping a child under 13 years of age in violation of R.C. 2907.02(A)(1)(b). He was sentenced to three consecutive terms of life imprisonment. On appeal, two of the convictions were affirmed, and one was reversed.
{¶ 2} Upon review, we recognized a conflict among the courts of...
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