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STATE v. IRVIN

No. 08CA3056.

2009 Ohio 4181

State of Ohio, Plaintiff-Appellee, v. Jonathan L. Irvin, Defendant-Appellant.

Court of Appeals of Ohio, Fourth District, Ross County.

Released: August 13, 2009.

Attorney(s) appearing for the Case

Claire M. Ball, Jr., Athens, Ohio, for Defendant-Appellant.

Michael M. Ater, Ross County Prosecuting Attorney, and Matthew S. Schmidt, Ross County Assistant Prosecuting Attorney, Chillicothe, Ohio, for Plaintiff-Appellee.

DECISION AND JUDGMENT ENTRY

McFARLAND, J.

{¶1} Defendant-Appellant, Jonathan Irvin, appeals from the decision of the Ross County Court of Common Pleas contending the trial court erred both in convicting him on three counts of rape, when there was insufficient evidence of penetration, and in designating him as a Tier III sex offender. Because evidence of penetration is not required in instances of rape involving fellatio, Appellant's first...

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