State of Ohio, Plaintiff-Appellee,
v.
Donald Falkenstein, Defendant-Appellant.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
RELEASED AND JOURNALIZED: October 6, 2011.
RELEASED AND JOURNALIZED: October 6, 2011.
Attorney(s) appearing for the Case
Donald Falkenstein , pro se, Inmate No. 451-824, Grafton Correctional Institution, 2500 S. Avon-Belden Road, Grafton, Ohio 44044, for Appellant.
William D. Mason , Cuyahoga County Prosecutor, BY: Thorin O. Freeman , Assistant County Prosecutor, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.
Before: Boyle, J., Blackmon, P.J., and Stewart, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
MARY J. BOYLE, J.
{¶ 1} Defendant-appellant, Donald Falkenstein, appeals the trial court's judgment denying his "motion to set aside/vacate or in the alternat[ive] resentence him on an otherwise void sentence." We find merit to his appeal and reverse and remand.
{¶ 2} In 2003, Falkenstein was convicted of 41 counts of rape of a child under the age of 13. The trial court sentenced him to...
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