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STATE v. PULLEN

No. 2009 CA 00064.

2009 Ohio 6941

State of Ohio, Plaintiffs-Appellee, v. Rodney V. Pullen, Defendants-Appellant.

Court of Appeals of Ohio, Fifth District, Stark County.

DATE OF JUDGMENT ENTRY: December 29, 2009.

Attorney(s) appearing for the Case

John D. Ferrero, Prosecuting Attorney, Stark County, Ohio, By: Kathleen O. Tatarsky, Assistant Prosecuting Attorney, Appellate Section, 110 Central Plaza, South — Suite 510, Canton, Ohio 44702-1413, for Plaintiff-Appellee.

Anthony Koukoutas, LLC, 111 Second Street, N.W., Suite 302, Canton, Ohio 44702, for Defendant-Appellant.

Before: Sheila G. Farmer, P.J., W. Scott Gwin, J., Julie A. Edwards, J.

OPINION

EDWARDS, J.

{¶1} Appellant, Rodney V. Pullen, appeals a judgment of the Stark County Common Pleas Court convicting him of sexual battery in violation of R.C. 2907.03(A)(2) and/or (A)(3) and sentencing him to five years incarceration, with an additional sentence of one year incarceration for violating post release control. Appellee is the State of Ohio.

STATEMENT OF FACTS AND CASE

{¶2} At about...

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