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STATE v. CLEARY

C.A. No. 24217.

2011 Ohio 3725

State of Ohio, Plaintiff-Appellee, v. Beau Cleary, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on July 29, 2011.

Attorney(s) appearing for the Case

Mathias H. Heck, Jr. , Pros. Attorney; R. Lynn Nothstine , Atty Reg. No. 0061560, P.O. Box 972, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Don Brezine , 188 West Hebble Avenue, Fairborn, OH 45324, Attorney for Defendant-Appellant.

OPINION

GRADY, P.J.

{¶ 1} Defendant, Beau Cleary, appeals from his conviction and sentence for attempted rape.

{¶ 2} In December of 2009, M.B. resided in an apartment in Kettering, Ohio with her two young sons who were ages three years and eighteen months. During the prior summer months, M.B. engaged in a relationship with Defendant, Beau Cleary. Since then, Defendant had undertaken a relationship with another...

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