State v. Frost, 06ca0083 (4-18-2008)

OPINION

{¶ 1} Defendant, Earl Frost, appeals from his conviction and sentence for gross sexual imposition involving a child under ten years of age.

{¶ 2} On two occasions between July 1, 2004 and July 22, 2005, seven year old K.M. spent the night at her maternal grandmother's home at 2025 Irwin Avenue in Springfield. K.M. slept in bed with her grandmother and Defendant, who is the live-in boyfriend of the grandmother. While K.M. was in the bed, Defendant inserted his fingers into K.M.'s vagina.

{¶ 3} Defendant was indicted on two counts of rape involving a child under thirteen years of age in…