State v. Mattes, 2008-P-0022 (9-26-2008)

OPINION

{¶ 1} Appellant, Danny A. Mattes, appeals from the judgment entry of the Portage County Court of Common Pleas sentencing him to ten years imprisonment after he pleaded guilty to one count of rape, a felony of the first degree. We affirm.

{¶ 2} On November 19, 2006, appellant sexually abused his eight-year-old niece. The Portage County Grand Jury subsequently indicted appellant on one count of rape of a child less than thirteen years "[s]aid [victim] (whose date of birth is the 20th day of September, 1998) was at the time a person less than ten (10) years of age[,]" in violation of R.C.…