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STATE v. GROCE

No. 90AP-664.

72 Ohio App.3d 399 (1991)

The STATE of Ohio, Appellee, v. GROCE, Appellant.

Court of Appeals of Ohio, Franklin County.

Decided February 5, 1991.

Attorney(s) appearing for the Case

Michael Miller, Prosecuting Attorney, and Katherine J. Press, for appellee.

Vivyan, Graeff & Schumacher and David J. Graeff, for appellant.

PEGGY BRYANT, Judge.

Defendant-appellant, William Groce, appeals from a judgment of the Franklin County Court of Common Pleas finding him guilty of two counts of rape in violation of R.C. 2907.02, one count of attempted rape in violation of R.C. 2923.02, and one count of kidnapping in violation of R.C. 2905.01.

Defendant asserts the following as his sole assignment of error:

"Where material physical evidence is destroyed by law enforcement officials...

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