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STATE v. MOXLEY

C.A. Case No. 22889.

2009 Ohio 3767

State of Ohio, Plaintiff-Appellee, v. Timothy B. Moxley, Defendant-Appellant.

Court of Appeals of Ohio, Montgomery County.

Rendered on July 31, 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.

William T. Daly, Atty. Reg. No. 0069300, 1250 West Dorothy Lane, Suite 105, Kettering, Ohio 45409, Attorney for Defendant-Appellant.

OPINION

HARSHA, J. (by assignment)

{¶ 1} On July 18, 2008, Timothy B. Moxley, who was convicted of corruption of a minor in 1997, pled guilty to one count of failure to notify in violation of R.C. 2950.05(A) and (F)(1). Moxley now argues that his indictment for failure to notify was deficient because it lacked any mens rea element for the offense. However, his guilty plea acted as a waiver of any deficiency in the...

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