STATE v. GIRTS

No. 08-CA-31.

2009 Ohio 3422

State of Ohio, Plaintiff-Appellee, v. Shawn Girts, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Guernsey County.

DATE OF JUDGMENT ENTRY: July 8, 2009.


Attorney(s) appearing for the Case

Daniel G. Padden 0038781, Guernsey County Prosecuting Attorney, 139 W. 8th St., P.O. Box 640, Cambridge, Ohio 43725, for Plaintiff-Appellee.

Kristopher A. Haines 0080558, Office of the Ohio Public Defender, 8 E. Long St., 11th, Floor, Columbus, Ohio 43215, for Defendant-Appellant.

Before: Hon. W. Scott Gwin, P.J., Hon. Julie A. Edwards, J., Hon. Patricia A. Delaney, J.


OPINION

DELANEY, J.

{¶1} Defendant-Appellant, Shawn Girts, appeals his conviction of one count of rape of a child, in violation of R.C 2907.02(A)(1)(b). The State of Ohio is Plaintiff-Appellee.

{¶2} The facts preceding Appellant's conviction are as follows:

{¶3} Appellant is the biological father of a minor child, T.G., who was born on July 6, 2003. T.G.'s mother, Heather Jones, has primary...

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