State v. Evans, Unpublished Decision (7-28-2005)

JOURNAL ENTRY and OPINION

{¶ 1} Defendant-appellant, George Evans ("Evans"), appeals his convictions and sentence. Finding some merit to the appeal, we affirm in part, reverse in part, and remand the case for resentencing.

{¶ 2} In 2004, Evans was charged with rape and kidnapping, each charge containing a notice of prior conviction, one-year and three-year firearm specifications, a repeat violent offender specification, and a sexually violent predator specification. The matter was tried to the bench where the following evidence was presented.

{¶ 3} In February 2004, the female victim was walking…