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STATE v. SULLIVAN

No. 99-2099.

90 Ohio St.3d 502 (2001)

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

Supreme Court of Ohio.

Decided January 3, 2001.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Montgomery County Prosecuting Attorney, and Cheryl A. Ross, Assistant Prosecuting Attorney, for appellant.

Anthony Comunale, for appellee.

Betty D. Montgomery, Attorney General, Sharon A. Jennings and Darrell M. Pierre, Jr., Assistant Attorneys General, urging reversal for amicus curiae, Attorney General of Ohio.

DOUGLAS, J.

On May 13, 1997, the Montgomery County Grand Jury indicted defendant-appellee, Roger H. Sullivan, on one count of forcible rape in violation of R.C. 2907.02(A)(1)(b) and two counts of gross sexual imposition in violation of R.C. 2907.05(A)(4). Each of these alleged crimes involved a child under the age of thirteen.

On June 5, 1997, appellee entered pleas of not guilty and not guilty by reason of insanity. On that same day, appellee...

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