STATE v. O'DELL

Appellate No. 22691.

2009 Ohio 1040

State of Ohio, Plaintiff-Appellee, v. Randal Todd O'dell, Defendant-Appellant.

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

Rendered on March 6, 2009.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., by Jill R. Sink, Atty. Reg. #0076955, 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.

Dwight D. Brannon, Atty. Reg. #0021657, and Matthew C. Schultz, Atty. Reg. #0080142, Brannon & Associates, 130 West Second Street, Suite 900, Dayton, Ohio 45402, Attorney for Defendant-Appellant.


OPINION

BROGAN, J.

{¶ 1} Randal Todd O'Dell appeals from his conviction and sentence on charges of rape and gross sexual imposition, both involving a child under age thirteen.

{¶ 2} O'Dell advances ten assignments of error on appeal. First, he contends he received constitutionally ineffective assistance of counsel because his trial attorney failed to argue that R.C. 2907.02(A)(1)(b), which prohibits sexual conduct...

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