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STATE v. GONEY

C.A. Case No. 22753.

2009 Ohio 4326

State of Ohio, Plaintiff-Appellee, v. Thomas B. Goney, Defendant-Appellant,

Court of Appeals of Ohio, Montgomery County.

Rendered on August 21, 2009.

Attorney(s) appearing for the Case

Kirsten A. Brandt, Atty. Reg. No. 0070162, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Ben Swift, Atty. Reg. No. 0065745, 333 West First Street, Suite 445, Dayton, Ohio 45402, Attorney for Defendant-Appellant

OPINION

DONOVAN, P.J.

{¶ 1} This matter is before the Court on the Notice of Appeal of Thomas B. Goney, filed May 14, 2008. Goney appeals from the denial of a pre-sentence motion to withdraw his guilty plea.

{¶ 2} On September 5, 2006, Goney was indicted on one count of rape (by force or threat of force), in violation of R.C. 2907.02(A)(2), a felony of the first degree. Goney pled not guilty...

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