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STATE v. EMERICK

C.A. No. 07CA009239.

2008 Ohio 4497

State of Ohio, Appellee, v. Richard Emerick, Appellant.

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

September 8, 2008.

Attorney(s) appearing for the Case

Jenifer C. Berki, Attorney at Law, for appellant.

Dennis Will, Prosecuting Attorney and Billie Jo Belcher, Assistant Prosecuting Attorney, for appellee.

DECISION AND JOURNAL ENTRY

DICKINSON, Judge.

INTRODUCTION

{¶1} While 11-year-old K.S. was sleeping over at her friend's house, Richard Emerick lay down beside her and began touching her private areas over her clothing. He later moved on top of her and simulated sex by rubbing himself against her. A jury convicted him of abduction, but could not reach a verdict regarding gross sexual imposition. After a bench retrial, the trial...

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