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STATE v. OWENS

No. 2009-CA-00223.

2010 Ohio 4240

State of Ohio, Plaintiff-Appellee, v. Davon Anthony Owens, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: September 7, 2010.

Attorney(s) appearing for the Case

John D. Ferrero, Stark County Prosecutor, By: Kathleen O. Tatarsky, 110 Central Plaza South, Ste. 510, Canton, OH 44702, for Plaintiff-Appellee.

Kristine W. Beard, 4580 Stephen Circle N.W., Suite 300, Canton, OH 44718, for Defendant-Appellant.

Before: W. Scott Gwin, P.J., William B. Hoffman, J., John W. Wise, J.

OPINION

GWIN, P.J.

{¶1} Defendant-appellant, Devon Anthony Owens, appeals from his conviction and sentence in the Stark County Court of Common Pleas on one count of rape, a felony of the first degree, in violation of R.C. 2907.02(A)(1)(c). The plaintiff appellee is the State of Ohio.

STATEMENT OF THE CASE AND FACTS

{¶2} On May 8, 2009, at approximately 1:00 a.m., Jamie Sanders was sleeping at her apartment...

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