State v. Tapke, C-060494 (9-28-2007)

DECISION.

{¶ 1} Following a jury trial, defendant-appellant Craig Tapke was convicted of the rape of a child under the age of ten,1 the rape of a child under the age of 13,2 and two counts of gross sexual imposition ("GSI")3 of a child under the age of 13. He was acquitted of a third rape charge. The victim was his former live-in girlfriend's daughter, whom we refer to as D.S.

{¶ 2} The trial court sentenced Tapke to life imprisonment, the mandatory sentence required for a rape conviction involving a child under the age of ten.4 The trial court also imposed a ten-year prison term for the other…