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STATE v. WINE

No. 2-12-01.

2012 Ohio 2837

STATE OF OHIO, PLAINTIFF-APPELLEE, v. DOUGLAS J. WINE, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Third District, Auglaize County.

June 25, 2012.

Attorney(s) appearing for the Case

Lorin J. Zaner , for Appellant.

Edwin A. Pierce , for Appellee.

OPINION

PRESTON, J.

{¶ 1} Defendant-appellant, Douglas J. Wine ("Wine"), appeals the Auglaize County Court of Common Pleas' judgment entry of conviction and sentence. Since the State presented insufficient evidence that Wine purposely compelled the victim to submit to the sexual contact by force or threat of force, we vacate Wine's conviction and sentence for gross sexual imposition in violation of R.C. 2907.05(A)(1). Nevertheless, since...

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