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STATE v. DRISCOLL

C.A. No. 2008 CA 93.

2009 Ohio 6134

State of Ohio, Plaintiff-Appellee. v. Dale Driscoll, Defendant-Appellant.

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

Rendered on November 20, 2009.

Attorney(s) appearing for the Case

Amy M. Smith, Atty. Reg. No. 0081712, Assistant Prosecuting Attorney, 50 E. Columbia Street, 4th Floor, P. O. Box 1608, Springfield, Ohio 45501, Attorney for Plaintiff-Appellee.

J. Allen Wilmes, Atty. Reg. No. 0012093, 4428 N. Dixie Drive, Dayton, Ohio 45414, Attorney for Defendant-Appellant.

OPINION

DONOVAN, P.J.

{¶ 1} This matter is before the Court on the Notice of Appeal of Dale Driscoll, filed October 6, 2008. Driscoll was indicted on May 5, 2008, for the rape of a child under thirteen, with a specification that the victim, N.E., was under ten years old, in violation of R.C. 2907.02(A)(1)(b). Following a jury trial, Driscoll was found guilty and sentenced to life in prison without the possibility...

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