STATE v. SMITH

No. 95 CA 1695.

113 Ohio App.3d 752 (1996)

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

Court of Appeals of Ohio, Fourth District, Athens County.

Decided August 29, 1996.


Attorney(s) appearing for the Case

Gary E. Hunter, Athens Director of Law, and David A Trimmer, Athens City Prosecutor, for appellant.

David H. Bodiker, State Public Defender, and Rolf Baumgartel, Assistant Public Defender, for appellee.


STEPHENSON, Judge.

This is an appeal from a part of a judgment entered by Athens County Municipal Court finding Andrew Smith, after a no contest plea, guilty of a drug paraphernalia offense proscribed by R.C. 2925.14(C)(1), followed by a sentence wherein the court refused to impose a driver's license suspension pursuant to R.C. 2925.14(H) upon due process grounds. The following error is assigned:

"The trial court judge erred when he failed to sentence defendant...

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