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STATE v. SANDLIN

No. 98-1342.

86 Ohio St.3d 165 (1999)

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

Supreme Court of Ohio.

Decided July 28, 1999.

Attorney(s) appearing for the Case

Donald W. White, Clermont County Prosecuting Attorney, and David Henry Hoffmann, Assistant Prosecuting Attorney, for appellee.

Kelly & Wallace Co., L.P.A., Michael P. Kelly and Timothy J. Kelly, for appellant.

ALICE ROBIE RESNICK, J.

The issue certified in this case is "whether a conviction for violation of R.C. 4511.19 which `shall be considered a previous or subsequent conviction' pursuant to R.C. 2953.31(A), precludes a defendant from satisfying the statutory definition of a `first offender' contained in R.C. 2953.31(A) even if the conviction sought to be expunged resulted from or was connected with the R.C. 4511.19 violation."1

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