State v. West, 05 Je 57 (9-24-2007)

OPINION

{¶ 1} Appellant Timothy West appeals his conviction on six counts of rape of a child under thirteen years old. He argues that the prosecutor used improper evidence at trial, including a surprise witness, and that he was tried for uncharged crimes. He finds fault with his indictment because it encompasses a period of time beyond the victim's thirteenth birthday. He also raises an ineffective assistance of counsel argument, and challenges the sufficiency and weight of the evidence. Finally, Appellant challenges the constitutionality of his sentence pursuant toState v. Foster, 109 Ohio…