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STATE v. TOMLINSON

No. CA85-05-025.

33 Ohio App. 3d 278 (1986)

THE STATE OF OHIO, APPELLEE, v. TOMLINSON, APPELLANT.

Court of Appeals of Ohio, Warren County.

Decided September 2, 1986.

Attorney(s) appearing for the Case

James L. Flannery, prosecuting attorney, for appellee.

Kirby & Associates and Jeffery E. Richards, for appellant.

CASTLE, J.

This appeal arises from defendant-appellant's, Anthony Tomlinson's, conviction of two counts of rape of a nine-year-old female victim under former R.C. 2907.02(A)(3)1 with specifications of a prior aggravated felony. Appellant cites four assignments of error on this appeal.

First, appellant states:

"The trial court erred in refusing to grant an evidentiary hearing on defendant's motion for a psychological examination...

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