STATE v. McNEW

C.A. No. 22902.

2009 Ohio 5531

State of Ohio, Plaintiff-Appellee, v. Michael A. McNew, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on October 16, 2009.


Attorney(s) appearing for the Case

Mathias H. Heck, Jr., Pros. Attorney; R. Lynn Nothstine, Atty. Reg. No.0061560 and Melissa M. Ford, Atty. Reg. No. 0084215, Asst. Pros. Attorneys, P.O. Box 972, Dayton, OH 45422, Attorneys for Plaintiff-Appellee.

Jon Paul Rion, Atty. Reg. No.0067020, P.O. Box 10126, 130 W. Second Street, Suite 2150, Dayton, OH 45402, Attorney for Defendant-Appellant.


OPINION

GRADY, J.

{¶ 1}Defendant, Michael McNew, appeals from his conviction and sentence for rape and gross sexual abuse of a child less than thirteen years of age. R.C. 2907.02(A)(1)(b), 2907.05(A)(4).

{¶ 2}In the early morning hours of August 25, 2007, Defendant's eleven year old step-daughter, A.C., called 911 to report that Defendant had sexually abused A.C. in their home. When police...

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