State v. Ezell, 88015 (7-19-2007)

JOURNAL ENTRY AND OPINION

{¶ 1} Appellant Halbert Ezell appeals the jury's verdict finding him guilty of gross sexual imposition. Ezell assigns the following error for our review:

"I. The verdict convicting the appellant of gross sexual imposition was against the manifest weight of the evidence."

{¶ 2} Having reviewed the record and pertinent law, we reverse Ezell's conviction and vacate his sentence. The apposite facts follow.

{¶ 3} On July 21, 2005, the Cuyahoga County Grand Jury indicted Ezell for four counts of rape, and one count each of attempted rape, kidnaping, and gross sexual…