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STATE v. STEWART

No. CA2010-08-215.

2011 Ohio 2211

STATE OF OHIO, Plaintiff-Appellee, v. DALE EDWARD STEWART, Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Butler County.

May 9, 2011.

Attorney(s) appearing for the Case

Michael T. Gmoser, Butler County Prosecuting Attorney, Lina N. Alkamhawi, Government Services Center, 315 High Street, 11th Floor, Hamilton, Ohio 45011-6057, for plaintiff-appellee

Christopher J. Pagan, 1501 First Avenue, Middletown, Ohio 45044, for defendant-appellant

OPINION

POWELL, P.J.

{¶ 1} Defendant-Appellant, Dale Edward Stewart, appeals a decision of the Butler County Court of Common Pleas denying his motion to declare his sentence void. For the reasons outlined below, we reverse the decision of the trial court.

{¶ 2} In August 2000, appellant pleaded guilty to two counts of sexual battery in violation of R.C. 2907.03(A)(9), a third-degree felony. Appellant, who had never...

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