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STATE v. ORTIZ

No. 95026.

2011 Ohio 1238

State of Ohio, Plaintiff-Appellee, v. Anthony J. Ortiz, Defendant-Appellant.

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

RELEASED AND JOURNALIZED: March 17, 2011.

Attorney(s) appearing for the Case

Robert L. Tobik , Cuyahoga County Public Defender, By: David M. King , Assistant Public Defender, 310 Lakeside Avenue, Suite 200, Cleveland, Ohio 44113, Attorneys for Appellant.

William D. Mason , Cuyahoga County Prosecutor, By: Kevin R. Filiatraut , Assistant Prosecuting Attorney, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Jones, J., Celebrezze, P.J., and S. Gallagher, J.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, J.:

{¶ 1} Defendant-appellant, Anthony Ortiz ("Ortiz"), appeals his convictions for rape and kidnapping. For the reasons that follow, we reverse and remand for resentencing.

Procedural History and Facts

{¶ 2} In 2009, Ortiz was charged with two counts of rape and one count each of gross sexual imposition and kidnapping. The kidnapping charge had a sexual motivation...

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