STATE v. SMITH

No. 93 CA 33.

96 Ohio App.3d 130 (1994)

The STATE of Ohio, Appellee, v. SMITH, Appellant.

Court of Appeals of Ohio, Lawrence County.

Decided July 14, 1994.


Attorney(s) appearing for the Case

J.B. Collier, Jr., Lawrence County Prosecuting Attorney, for appellee.

Marty J. Stillpass, for appellant.


GREY, Judge.

This is an appeal from a judgment of the Municipal Court of Lawrence County. Robert A. Smith appeals his conviction of violating R.C. 4511.19(A)(1), operating a vehicle while under the influence of alcohol.

On January 23, 1993, at approximately 2:50 a.m., Sgt. R.L. Rogers of the Proctorville, Ohio, Police Department observed Smith apparently asleep in his vehicle in the Kroger grocery store parking lot. He noted that the vehicle's engine was running...

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