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STATE v. TOMAINO

No. CA98-10-212.

135 Ohio App.3d 309 (1999)

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

Court of Appeals of Ohio, Twelfth District, Butler County.

Decided August 16, 1999.

Attorney(s) appearing for the Case

John F. Holcomb, Butler County Prosecuting Attorney, Daniel J. Gattermeyer, Assistant Prosecuting Attorney, for appellee.

Sirkin, Pinales, Mezibov & Schwartz, H. Louis Sirkin, Laura A. Abrams and Daniella A. Westermeyer, for appellant.

WALSH, Judge.

Defendant-appellant, Peter Tomaino, appeals his conviction for disseminating matter harmful to juveniles in violation of R.C. 2907.31. We reverse and remand for further proceedings.

Appellant owns VIP Video, a video sales and rental store in Millville, Ohio. VIP Video's inventory includes only sexually-oriented videotapes and materials. On October 13, 1997, Carl Frybarger, age thirty-seven, and...

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