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STATE v. FRANKENBERY

No. 08-CA-131.

2009 Ohio 3853

State of Ohio, Plaintiff-Appellee, v. Casey L. Frankenbery, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: July 30, 2009.

Attorney(s) appearing for the Case

Marista A. Flaherty 0080903, Assistant Prosecuting Attorney, Licking County Prosecutor's Office, 20 S. Second Street, Newark, Ohio 43055, for Plaintiff-Appellee.

David A. Sams 0055235, P.O. Box 40, West Jefferson, Ohio 43162, for Defendant-Appellant.

Before: Hon. Julie A. Edwards, P.J., Hon. Sheila G. Farmer, J., Hon. Patricia A. Delaney, J.

OPINION

DELANEY, J.

{¶1} Defendant-Appellant, Casey Frankenbery, appeals from his conviction of two counts of gross sexual imposition, in violation of R.C. 2907.05(A)(4), felonies of the third degree. The State of Ohio is Plaintiff-Appellee.

STATEMENT OF THE CASE AND FACTS

{¶2} On April 4, 2008, D.F., the five-year old biological daughter of Appellant, was visiting with her grandmother, Brenda Robinson, when she disclosed to her...

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