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January 29, 2020

01-29-2020

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Supreme Court of Ohio

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State of Ohio v. Gerald Pendergrass, Case No. 2018-1814
Second District Court of Appeals (Montgomery County)

ISSUE: If an individual is indicted for having unlawful sexual conduct with a minor for a time period starting in 2013, and indicted for the same crime for conduct that started in 2015, and if the individual is convicted first of the conduct that started in 2015, can the prosecution under R.C. 2907.04(B)(4) seek to convict the person as a repeat offender based on the conduct that started in 2013?