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STATE v. MURRELL

C.A. No. 24717.

2012 Ohio 2108

STATE OF OHIO, Plaintiff-Appellee, v. DARRYL L. MURRELL, Defendant-Appellant.

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

Rendered on May 11, 2012.

Attorney(s) appearing for the Case

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

David R. Miles , Atty. Reg. No. 0013841, 125 W. Main Street, Suite 201, Fairborn, OH 45324, Attorney for Defendant-Appellant.

OPINION

GRADY, P.J.

{¶ 1} Defendant, Darryl Murrell, appeals from his conviction and sentence for rape of a child under thirteen years of age.

{¶ 2} On October 8, 2010, after school was over, eleven year old E.K. returned to his home in Dayton, Ohio. E.K. went to the basement and asked Defendant, a friend of the family who lives at the home and has a bedroom in the basement, if he wanted...

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