State v. Johnson

Handwork, Judge.

{¶ 1} This is an appeal from a judgment of the Wood County Court of Common Pleas wherein appellant, Stephan Johnson, was indicted on three counts of sexual battery in violation of R.C. 2907.03(A)(5). All three charges are felonies of the *633third degree. Attorney George Gerken was engaged to represent Johnson in this case. Subsequently, however, appellee, the state of Ohio, filed a motion to disqualify Gerken as defense counsel for Johnson. Appellee asserted that since Gerken would be called as a witness against his client in this cause, he could not act as an advocate for…