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STATE v. GRUSZKA

C.A. No. 08CA009515.

2009 Ohio 3926

State of Ohio, Appellant, v. Gregory Gruszka, Appellee.

Court of Appeals of Ohio, Ninth District, Lorain County.

Dated: August 10, 2009.

Attorney(s) appearing for the Case

Dennis P. Will, Prosecuting Attorney, and M. Robert Flanagan, Assistant Prosecuting Attorney, for Appellant.

Paul Griffin, Attorney at Law, for Appellee.

DECISION AND JOURNAL ENTRY

CARR, Judge.

{¶1} The State of Ohio appeals the judgment of the Lorain County Court of Common Pleas. This Court reverses.

I.

{¶2} On March 19, 2003, appellee, Gregory Gruszka, was indicted on two counts of rape in violation of R.C. 2907.02(A)(2), felonies of the first degree. Gruszka pled not guilty to the charges. On February 6, 2004, the trial court held a change of plea hearing...

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