STATE v. SANTIAGO

No. 97359.

2012 Ohio 1747

STATE OF OHIO, PLAINTIFF-APPELLEE, v. CARLOS SANTIAGO, DEFENDANT-APPELLANT.

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

Released and Journalized: April 19, 2012.


Attorney(s) appearing for the Case

Valentine Shurowliew , Stanley L. Josselson Co., LPA, The Marion Building, Suite 411, 1276 West Third Street, Cleveland, Ohio 44113, Attorney for Appellant.

William D. Mason , Cuyahoga County Prosecutor, Katherine Mullin , Assistant County Prosecutor, The Justice Center — 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Kilbane, J., Boyle, P.J., and E. Gallagher, J.


JOURNAL ENTRY AND OPINION

MARY EILEEN KILBANE, J.

{¶1} Defendant-appellant, Carlos Santiago, appeals from his conviction for rape. For the reasons stated herein, we reverse and remand for resentencing.

{¶2} On May 13, 2011, defendant was indicted on four offenses involving a 12-year-old girl. Count 1 charged him with kidnapping, in violation of R.C. 2905.01(A)(4), with sexual motivation and sexually violent predator...

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