STATE v. BIRK

No. 2007-CA-63.

2008 Ohio 5571

State of Ohio, Plaintiff-Appellee, v. Jason R. Birk, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: October 23, 2008.


Attorney(s) appearing for the Case

Thomas R. Elwing, 60 West Columbus Street, Pickerington, OH 43147, for Plaintiff-Appellee.

Gregg Marx, 201 South Broad Street, Lancaster, OH 43130, for Defendant-Appellant.

Before: Hon. W. Scott Gwin, P.J., Hon. Sheila G. Farmer, J., Hon. Julie A. Edwards, J.


OPINION

Gwin, P.J.

{¶1} Appellant Jason R. Birk appeals his conviction in the Fairfield County Court of Common Pleas for two counts of Attempt to Commit Pandering Sexually Oriented Matter Involving a Minor in violation of R.C. 2923.02, felonies of the third degree. The appellee is the State of Ohio.

STATEMENT OF THE CASE AND FACTS

{¶2} In April of 2006, Detective Stephanie Russell of the Fairfield County...

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