State of Ohio, Plaintiff-Appellee,
v.
Scott Shively, Defendant-Appellant.
Court of Appeals of Ohio, Second District, Clark County.https://leagle.com/images/logo.png
Rendered on July 25, 2008.
Rendered on July 25, 2008.
Attorney(s) appearing for the Case
Amy M. Smith, Atty. Reg. No. 0081712, Assistant Prosecuting Attorney, 50 E. Columbia Street, P.O. Box 1608, Springfield, Oh 45501, Attorney for Plaintiff-Appellee.
R. Jason Howard, Atty. Reg. No. 0074662, 4130 Linden Avenue, Claypool Building, Suite 304, Dayton, Oh 45432-3015, Attorney for Defendant-Appellant.
Court of Appeals of Ohio, Second District, Clark County.
OPINION
WOLFF, P.J.
{¶ 1} Scott Shively was indicted for rape of an almost nine year old girl and for gross sexual imposition involving the same child. The rape count carried a life sentence specification because the child was less than ten years old at the time of the offense. In return for the State's dismissal of the life sentence specification, Shively pleaded guilty to the underlying charge of rape and to gross...
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