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STATE v. LESTER

No. 12-08-03.

2008 Ohio 6070

State of OHIO, Plaintiff-Appellee, v. Shawn Lester, Defendant-Appellant.

Court of Appeals of Ohio, Third District, Putnam County.

DATE OF JUDGMENT ENTRY: November 24, 2008.

Attorney(s) appearing for the Case

Kristopher A. Haines, Assistant State Public Defender, Reg. #0080558, 8 East Long Street-11th Floor, Columbus, OH 43215, for Appellant.

Gary L. Lammers, Prosecuting Attorney, Reg. #0042040, 336 East Main Street, Suite B, Ottawa, OH 45875, for Appellee.

OPINION

ROGERS, J.

{¶1} Defendant-Appellant, Shawn Lester, appeals the judgment of the Putnam County Court of Common Pleas convicting him of rape, sentencing him to a ten-year prison term, and classifying him as a sexual offender. On appeal, Lester asserts that the trial court erred when it denied his request for a jury instruction on sexual battery; that the trial court erred when it failed to assess the victim's competence to testify...

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