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STATE v. RUSSELL

No. 94163.

2010 Ohio 5481

State of Ohio, Plaintiff-Appellee, v. Timothy Russell, Defendant-Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

RELEASED AND JOURNALIZED: November 10, 2010.

Attorney(s) appearing for the Case

Thomas A. Rein, Leader Building, Suite 940, 526 Superior Avenue, Cleveland, Ohio 44114, Attorney for Appellant.

William D. Mason, Cuyahoga County Prosecutor, By: Kevin R. Filiatraut, Assistant County Prosecutor, 9th Floor, Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Cooney, J., Rocco, P.J., and Stewart, J.

JOURNAL ENTRY AND OPINION

COLLEEN CONWAY COONEY, J.

{¶ 1} Defendant-appellant, Timothy Russell ("Russell"), appeals his gross sexual imposition conviction. Finding no merit to the appeal, we affirm.

{¶ 2} In October 2008, Russell was charged in a five-count indictment. Counts 1 and 2 charged him with rape, Counts 3 and 4 charged him with sexual battery, and Count 5 charged him with gross sexual imposition ("GSI...

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