State v. Crago

This is a delayed appeal in which appellant argued his indefinite sentence was invalid because the amended indictment did not contain a specification of physical harm pursuant to R.C. 2929.11(D).

The appellant was indicted by a Trumbull County Grand Jury on three counts of rape, in violation of R.C. 2907.02(A)(1X2); one count of gross sexual imposition, in violation of R.C. 2907.05(A) (1); and, one count of theft, in violation of R.C. 2913.02(A)(3). As charged, gross sexual imposition is a fourth degree felony.

Pursuant to a plea arrangement with the Trumbull County Prosecutor the appellant…