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STATE v. DUNCAN

No. 95491.

2011 Ohio 2787

State of Ohio, Plaintiff-Appellee, v. Brian K. Duncan, Defendant-Appellant.

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

RELEASED AND JOURNALIZED: June 9, 2011.

Attorney(s) appearing for the Case

Craig W. Smotzer , 1914 Clark Avenue, Cleveland, Ohio 44109, Attorney for Appellant.

William D. Mason , Cuyahoga County Prosecutor, By: Scott Zarzycki , Assistant County Prosecutor, The Justice Center, 9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

Before: Boyle, P.J., Jones, J., and Keough, J.

JOURNAL ENTRY AND OPINION

MARY J. BOYLE, P.J.

{¶ 1} Defendant-appellant, Brian Duncan, appeals his conviction and sentence for gross sexual imposition. He raises three assignments of error for our review:

{¶ 2} "[1.]Appellant'sconvictionfor grosssexual imposition[under R.C. 2907.05(A)(1)] is against the manifest weight of the evidence.

{¶ 3} "[2.] The trial court erred in denying appellant...

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