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STATE v. ZUPAN

No. 99CA007468.

138 Ohio App.3d 171 (2000)

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

Court of Appeals of Ohio, Ninth District, Lorain County.

Decided June 21, 2000.

Attorney(s) appearing for the Case

Gregory A. White, Lorain County Prosecuting Attorney, and Robert F. Corts, Assistant Prosecuting Attorney, for appellee.

Daniel G. Wightman, for appellant.

WHITMORE, Judge:

Defendant, Carl B. Zupan, has appealed from a judgment of the Lorain County Common Pleas Court that found him to be a habitual sexual offender. This court reverses the judgment of the trial court.

I

Defendant was indicted on May 13, 1997, on three counts of rape involving a person under the age of thirteen. One count was dismissed prior to trial. The case proceeded to trial on May 10, 1998. Defendant moved the trial court for acquittal...

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