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STATE v. HOWDYSHELL

No. CT 2008-0040.

2009 Ohio 4238

State of Ohio, Plaintiff-Appellee, v. Michael S. Howdyshell, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: August 19, 2009.

Attorney(s) appearing for the Case

D. Michael Haddox, Prosecuting Attorney, 27 North Fifth Street, Zanesville, Ohio 43701, for Plaintiff-Appellee.

David A. Sams, P.O. Box 40, West Jefferson, Ohio 43612, for Defendant-Appellant.

Before: William B. Hoffman, P.J., John W. Wise, J., Julie A. Edwards, J.

OPINION

EDWARDS, J.

{¶1} Defendant-appellant, Michael Howdyshell, appeals his conviction and sentence from the Muskingum County Court of Common Pleas on one count of gross sexual imposition. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE FACTS AND CASE

{¶2} On April 3, 2008, the Muskingum County Grand Jury indicted appellant on three counts of rape (of a child less than 13 years of age) in...

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