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STATE v. GABBARD

C.A. No. 07CA0133.

2009 Ohio 2739

State of Ohio, Plaintiff-Appellee, v. Ellis B. Gabbard, Defendant-Appellant.

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

Rendered on June 5, 2009.

Attorney(s) appearing for the Case

Stephen Schumaker, Pros. Attorney; Amy Smith, Asst. Pros., Attorney, 50 E. Columbia Street, P.O. Box 1608, Springfield, OH 45501, Attorneys for Plaintiff-Appellee.

C. Douglas Copley, Atty. Reg. No.0066825, P.O. Box 13212, Dayton, OH 45413, Attorney for Defendant-Appellant.

OPINION

GRADY, J.

{¶ 1} Defendant, Ellis Gabbard, persuaded M.A., his girlfriend's niece, who is less than thirteen years of age, to play a game he called touch and feel. During that game Defendant told M.A. to close her eyes, and then Defendant put his penis in M.A.'s hand.

{¶ 2} Defendant was indicted on one count of gross sexual imposition, R.C. 2907.05(A)(4), a felony of the third degree. Defendant pled guilty...

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