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STATE v. WHITE

No. CT2010-0053.

2011 Ohio 2350

STATE OF OHIO, Plaintiff-Appellee, v. DAVID R. WHITE, SR. Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Muskingum County.

DATE OF JUDGMENT ENTRY: May 13, 2011.

Attorney(s) appearing for the Case

D. MICHAEL MADDOX , PROSECUTING ATTORNEY, ROBERT L. SMITH , ASSISTANT PROSECUTOR, 27 North Fifth Street, Zanesville, Ohio 43701, For Plaintiff-Appellee.

KYLE S. WITUCKY , STUBBINS, WATSON, & BRYAN CO., LPA, 59 North Fourth Street, Post Office Box 488, Zanesville, Ohio 43702-0488, For Defendant-Appellant.

Before: W. Scott Gwin, P. J., William B. Hoffman, J. and John W. Wise, J., Concur.

OPINION

WISE, J.

{¶1} Defendant-appellant David R. White, Sr. appeals re-sentencing by the Muskingum County Court of Common Pleas.

{¶2} Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE CASE AND FACTS

{¶3} On January 24, 2007, Appellant, David R. White, Sr., was indicted by the Muskingum County Grand Jury on three (3) counts of Rape of a child less...

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