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STATE v. FRALEY

Nos. 2004-0225 and 2004-0276.

105 Ohio St.3d 13 (2004)

2004-Ohio-7110

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

Supreme Court of Ohio.

Decided December 30, 2004.

Attorney(s) appearing for the Case

Kevin J. Baxter, Erie County Prosecuting Attorney, and Mary Ann Barylski, Assistant Prosecuting Attorney, for appellant.

Jeffrey J. Whitacre, Erie County Public Defender, for appellee.

O'CONNOR, J.

I. Facts and Procedural History

{¶ 1} Defendant-appellee, Earl Fraley, was indicted on, and pleaded guilty to, one count of gross sexual imposition, a felony of the third degree, in violation of R.C. 2907.05(A)(4), under case No. 97-CR-479 in the Erie County Court of Common Pleas. He was sentenced in March 1998 to five years of community control and was notified that should he fail to comply with community control, harsher...

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