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STATE v. HOGAN

No. 09-CA-33.

2009 Ohio 4728

State of Ohio, Plaintiff-Appellee, v. Loy Douglas Hogan, Defendant-Appellant,

Court of Appeals of Ohio, Fifth District, Richland County.

DATE OF JUDGMENT ENTRY: September 8, 2009.

Attorney(s) appearing for the Case

James J. Mayer, Jr., Richland County Prosecutor, 38 S. Park St., Mansfield, Ohio 44902, Kirsten Pscholka-Gartner, 0077792, Assistant Prosecuting Attorney (Counsel of Record), For Plaintiff-Appellee.

Patricia O'Donnell Kitzler, 0040115, 3 North Main St., Ste. 703, Mansfield, Ohio 44902, For Defendant-Appellant.

Before: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman, J., Hon. Patricia A. Delaney, J.

OPINION

DELANEY, J.

{¶1} Defendant-Appellant, Loy Hogan, appeals from his trial and conviction of one count of rape, a felony of the first degree, in violation of R.C. 2907.02(A)(1)(c). The State of Ohio is Plaintiff-Appellee.

{¶2} On May 14, 2007, the victim, a 54 year old, mildly mentally retarded woman, P.B., was sitting outside of her apartment complex when she was approached by Appellant, who engaged her in conversation and asked her...

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