State v. Schmidt, 08ap-348 (3-31-2009)

OPINION

{¶ 1} Defendant-appellant, Robert Schmidt, appeals from a judgment of conviction and sentence entered by the Franklin County Court of Common Pleas. For the following reasons, we affirm in part and reverse in part and remand the matter for further proceedings consistent with this opinion.

{¶ 2} On May 1, 2007, a Franklin County Grand Jury indicted appellant with one count of gross sexual imposition in violation of R.C. 2907.05 and one count of disseminating matter harmful to juveniles in violation of R.C. 2907.31(A)(1). The charges arose out of allegations of sexual misconduct involving…