STATE v. MOSS

Appellate No. 22324.

2008 Ohio 6728

State of Ohio, Plaintiff-Appellee, v. Dale Lee Moss, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on December 19, 2008.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by R. Lynn Nothstine, Atty. Reg. #0061560, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

James C. Staton, Atty. Reg. #0068686, 5613 Brandt Pike, Huber Heights, Ohio 45424, Attorney for Defendant-Appellant.


OPINION

WALTERS, J.

{¶ 1} Defendant-Appellant, Dale Lee Moss, appeals a judgment of the Montgomery County Common Pleas Court overruling his motion to withdraw his plea of guilty, convicting him of five counts of rape, R.C. 2907.02(A)(1)(b), and eight counts of sexual battery, R.C. 2907.03(A)(5), and sentencing him to an aggregate term of twenty years of imprisonment. Moss asserts that the trial court improperly denied his motion to withdraw...

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