STATE v. CUNNINGHAM

No. 92062.

2009 Ohio 5352

State of Ohio, Plaintiff-Appellee, v. Stanton Cunningham, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED: October 8, 2009.


Attorney(s) appearing for the Case

Elizabeth Kelley, Elizabeth Kelley, L.P.A., Inc., 13940 Cedar Road, Suite No. 285, Cleveland, OH 44118-3204, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: Matthew T. Waters, Assistant County Prosecutor, The Justice Center, 1200 Ontario Street, 8th Floor, Cleveland, OH 44113, Attorneys for Appellee.

Before: Stewart, J., Blackmon, P.J., and Celebrezze, J.


JOURNAL ENTRY AND OPINION

MELODY J. STEWART, J.:

{¶ 1} A jury found defendant-appellant, Stanton Cunningham, guilty of rape, gross sexual imposition, and kidnapping of a ten-year-old child. In this appeal, he complains that the court impermissibly allowed the jury to hear evidence of his past drug use in violation of Evid.R. 404(B) and that the jury's verdict is supported by neither the sufficiency nor the weight of the evidence. We find...

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