STATE OF OHIO, PLAINTIFF-APPELLEE,
v.
CHARLES SHEPHERD, DEFENDANT-APPELLANT.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.https://leagle.com/images/logo.png
Released and Journalized: January 31, 2013.
Released and Journalized: January 31, 2013.
Attorney(s) appearing for the Case
Charles Shepherd, Pro Se, Inmate No. 434286, Grafton Correctional Institution, 2075 S. Avon Belden Road, Grafton, OH 44044, for Appellant.
Timothy J. McGinty , Cuyahoga County Prosecutor, BY: T. Allan Regas , Assistant County Prosecutor, The Justice Center, 1200 Ontario Street, 8th Floor, Cleveland, OH 44113, Attorneys for Appellee.
BEFORE: Stewart, A.J., Rocco, J., and E.A. Gallagher, J.
Court of Appeals of Ohio, Eighth District, Cuyahoga County.
JOURNAL ENTRY AND OPINION
MELODY J. STEWART, A.J.
{¶1} In 2002, a jury found defendant-appellant Charles Shepherd guilty of rape and attempted kidnapping. The conviction contained sexually violent predator and repeat violent offender specifications. In June 2012, Shepherd filed a motion to vacate his sentence as void on grounds that the court submitted the repeat violent offender specification to the jury in violation of R.C. 2941.149(B...
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