State v. Rattray, Unpublished Decision (9-29-2005)

JOURNAL ENTRY and OPINION

{¶ 1} Defendant-appellant, Mathew Rattray ("Rattray"), a Canadian citizen, appeals his plea and sentence. Finding some merit to the appeal, we reverse and remand the case for further proceedings.

{¶ 2} In 2004, Rattray was charged with two counts of rape and one count of gross sexual imposition, aggravated burglary, and kidnapping with a sexual motivation specification. In October 2004, Rattray pled guilty to gross sexual imposition and all remaining counts were dismissed. The court sentenced him in November 2004 to five years of community controlled sanctions with a…