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STATE v. BOERIO

Court of Appeals No. L-10-1024.

2010 Ohio 6215

State of Ohio, Appellee, v. Dale Boerio, Appellant.

Court of Appeals of Ohio, Sixth District, Lucas County.

Decided: December 17, 2010.

Attorney(s) appearing for the Case

Julia R. Bates , Lucas County Prosecuting Attorney, and Evy M. Jarrett , Assistant Prosecuting Attorney, for appellee.

Heather L. Allred , for appellant.

DECISION AND JUDGMENT

HANDWORK, J.

{¶ 1} This is the second time this case is before the court. See State v. Boerio, 6th Dist. No. L-08-1182, 2009-Ohio-5181 ("Boerio I"). In Boerio I, appellant, Dale Boerio, was found guilty on two counts of rape and three counts of gross sexual imposition. Id. at ¶ 2. Appellant subsequently filed two presentence motions. Id. at ¶ 71. One of these motions...

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