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STATE v. PUDLOCK

No. 74-1118.

44 Ohio St. 2d 104 (1975)

THE STATE OF OHIO, APPELLEE, v. PUDLOCK, APPELLANT.

Supreme Court of Ohio.

Decided December 3, 1975.

Attorney(s) appearing for the Case

Mr. Stuart K. Miller, deputy director of law, for appellee.

Messrs. Rhonemus, Dalbey, Bradford & Flynn and Mr. Thomas T. Flynn, for appellant.

Per Curiam.

Appellant was convicted of operating a motor vehicle while under the influence of alcohol, in violation of R. C. 4511.19.1 Pursuant to R. C. 4511.99(A),2 such an offense constitutes a misdemeanor of the first degree.

As applicable to first degree misdemeanors, R. C. 2945.71(B) states:

"A person against whom a charge of misdemeanor...

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