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BURBRINK v. STATE

No. C-081075.

185 Ohio App.3d 130 (2009)

2009-Ohio-5346

BURBRINK, Appellee, v. The STATE of Ohio, Appellant.

Court of Appeals of Ohio, First District, Hamilton County.

Decided October 9, 2009.

Attorney(s) appearing for the Case

Herbert J. Haas, for appellee.

Joseph T. Deters, Hamilton County Prosecuting Attorney, and Paula E. Adams, Assistant Prosecuting Attorney, for appellant.

SUNDERMANN, Judge.

{¶ 1} On April 29, 2005, petitioner-appellee Robert Burbrink pleaded guilty in a plea bargain to sexual battery in violation of R.C. 2907.03(A)(3). Prior to accepting the plea, the trial court stated, "There is an agreement that he be a sexually-oriented offender." Defense counsel stated that he had explained to Burbrink that sexually oriented offender was the lowest classification. The court

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