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STATE v. STEWART

No. CA2010-08-215.

2011 Ohio 2211

STATE OF OHIO, Plaintiff-Appellee, v. DALE EDWARD STEWART, Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Butler County.

May 9, 2011.

Attorney(s) appearing for the Case

Michael T. Gmoser , Butler County Prosecuting Attorney, Lina N. Alkamhawi , Government Services Center, 315 High Street, 11th Floor, Hamilton, Ohio 45011-6057, for plaintiff-appellee

Christopher J. Pagan , 1501 First Avenue, Middletown, Ohio 45044, for defendant-appellant

OPINION

POWELL, P.J.

{¶ 1} Defendant-Appellant, Dale Edward Stewart, appeals a decision of the Butler County Court of Common Pleas denying his motion to declare his sentence void. For the reasons outlined below, we reverse the decision of the trial court.

{¶ 2} In August 2000, appellant pleaded guilty to two counts of sexual battery in violation of R.C. 2907.03(A)(9), a third-degree felony. Appellant, who had never...

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