STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
KYLE NOERNBERG, DEFENDANT-APPELLANT.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
Released and Journalized: May 10, 2012.
Released and Journalized: May 10, 2012.
Attorney(s) appearing for the Case
David L. Doughten , The Brownhoist Building, 4403 St. Clair Avenue, Cleveland, Ohio 44103, Attorney for Appellant.
William D. Mason , Cuyahoga County Prosecutor, BY: Scott Zarzycki , Edward Brydle , Assistant County Prosecutors, The Justice Center, 9th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.
BEFORE: Boyle, P.J., Sweeney, J., and Keough, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
MARY J. BOYLE, P.J.
{¶1} Defendant-appellant, Kyle Noernberg, appeals his conviction for rape. In his sole assignment of error, he argues that the evidence presented against him was not sufficient to convict him of the charge. We agree and vacate his rape conviction. For the reasons set forth in this opinion, we also vacate Noernberg's convictions for sexual battery, gross sexual imposition, and unlawful sexual...
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