STATE v. BANNISTER

No. 07 CA 33.

2008 Ohio 3901

State of Ohio, Plaintiff-Appellee, v. Joshua Bannister, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Licking County.

August 1, 2008.


Attorney(s) appearing for the Case

Kenneth W. Oswalt, Licking County Prosecutor, Daniel H. Huston, Assistant Prosecutor, 20 South Second Street, Fourth Floor, Newark, Ohio, for Plaintiff-Appellee.

Eric J. Allen, 713 South Front Street, Columbus, Ohio 43206, 43055, for Defendant-Appellant.

Before: Hon. Sheila G. Farmer, P.J., Hon. John W. Wise, J., Hon. Patricia A. Delaney, J.


OPINION

WISE, J.

{¶1} Appellant Joshua Bannister appeals his conviction, in the Licking County Court of Common Pleas, on one count of rape. The relevant procedural facts leading to this appeal are as follows.

{¶2} On September 22, 2006, the Licking County Grand Jury indicted appellant on two counts of rape (R.C. 2907.02) and one count of kidnapping (R.C. 2905.01), stemming from incidents on September 2 and 3, 2006...

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