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CITY OF WESTLAKE v. KILBANE

No. 77881.

146 Ohio App.3d 308 (2001)

CITY OF WESTLAKE, Appellee, v. KILBANE, Appellant.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Decided October 15, 2001.

Attorney(s) appearing for the Case

Sean F. Kelleher, Assistant City Prosecutor, for appellee.

Major & Associates and James L. Major, for appellant.

TIMOTHY E. MCMONAGLE, Judge.

Defendant-appellant, Thomas J. Kilbane, appeals the decision of the Rocky River Municipal Court finding him guilty of violating Westlake Codified Ordinance 333.01(d)(1), physical control of a vehicle while under the influence of alcohol, after entering a plea of no contest. For the reasons that follow, we vacate appellant's conviction.

A review of the record reveals that the Westlake...

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