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STATE v. STAPE

C.A. Case No. 22586.

2009 Ohio 420

State of Ohio, Plaintiff-Appellee, v. Joseph W. Stape, Jr., Defendant-Appellant,

Court of Appeals of Ohio, Montgomery County.

Rendered on January 30, 2009.

Attorney(s) appearing for the Case

Johnna M. Shia, Atty. Reg. No. 0067685, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Michael L. Wright, Atty. Reg. No. 0067698, First National Plaza, Suite 1600, 130 W. Second Street, Dayton, Ohio 45402, Attorney for Defendant-Appellant.

OPINION

DONOVAN, P.J.

{¶ 1} Defendant-appellant Joseph W. Stape Jr., appeals his conviction and sentence for four counts of gross sexual imposition (victim under 13 years of age),in violation of R.C. § 2907.05(A)(4), all felonies of the third degree.

{¶ 2} On July 6, 2007, Stape was charged by indictment with two counts of rape (victim under 13 years of age), in violation of R.C. §...

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