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STATE v. MOLE

No. 98900.

2013-Ohio-3131

STATE OF OHIO, PLAINTIFF-APPELLEE, v. MATTHEW T. MOLE, DEFENDANT-APPELLANT.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: July 18, 2013.

Attorney(s) appearing for the Case

Richard J. Perez , Rosplock & Perez, Interstate Square Bldg. I, 4230 State Route 306, Suite 240, Willoughby, Ohio 44094, John A. Fatica , The Standard Building, 1370 Ontario Street, Suite 1810, Cleveland, Ohio 44113, Attorneys for Appellant.

Timothy J. McGinty , Cuyahoga County Prosecutor, BY: Daniel T. Van , Jesse W. Canonico , Assistant County Prosecutors, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellee.

BEFORE: Jones, J., Stewart, A.J., and Celebrezze, J.

JOURNAL ENTRY AND OPINION

LARRY A. JONES, Sr., J.

{¶1} Defendant-appellant, Matthew Mole, appeals his conviction for sexual battery. We reverse.

I. Procedural History

{¶2} In 2012, Mole was charged with one count of unlawful sexual conduct with a minor in violation of R.C. 2907.04(A) and one count of sexual battery in violation of R.C. 2907.03(A)(13). He filed a motion to dismiss the sexual battery charge...

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