Columbus, Ohio (AP) -- An Ohio man whose case apparently fell through cracks in the legal system has been ordered to prison to serve five to 25 years for a 1984 rape.
Fifty-three-year-old David McClary began to tear up in a Columbus court Thursday when his request to remain free was denied.
Franklin County Judge Julie Lynch said defendants "don't get one free rape" in her courtroom.
His attorney says McClary never got a final sentencing hearing in 1985 after an appeals court upheld his rape and kidnap convictions in a case involving a 16-year-old girl.
Defense lawyer Michael Siewert says McClary was out on bond and no one told him to return to court.
McClary was arrested in march after a tip brought his convictions to the attention of the U.S. Marshal's Service.
(Copyright 2009 by the Associated Press. All rights reserved.)