STATE v. CLEMONS

No. 10 BE 7

2011 Ohio 1177

STATE OF OHIO, PLAINTIFF-APPELLEE, v. DAVID FLOYD CLEMONS, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Seventh District, Belmont County.

Dated: March 9, 2011.


Attorney(s) appearing for the Case

Attorney Thomas Hampton , Special Prosecuting Attorney, P.O. Box 310, 160 East Main Street, Barnesville, Ohio 43713, for Plaintiff-Appellee.

Attorney Timothy Young , Ohio State Pubic Defender, Attorney Peter Galyardt , Assistant State Public Defender, 250 East Broad Street, Suite 1400, Columbus, Ohio 43215, for Defendant-Appellant.

Before: Joseph J. Vukovich, Cheryl L. Waite, Mary DeGenaro, JJ.


OPINION

VUKOVICH, J.

{¶ 1} Defendant-appellant David Floyd Clemons appeals from two rape convictions and eight unlawful sexual conduct with a minor convictions, which were entered in the Belmont County Common Pleas Court after a jury trial. Appellant argues that he should not have been tried and convicted for third-degree felony unlawful sexual conduct with a minor where the offense would have only constituted a fourth-degree felony at...

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