STATE v. KENNEDY

No. 2008 AP 04 0026.

2009 Ohio 1398

State of Ohio, Plaintiff-Appellee, v. Sean R. Kennedy, Defendant-Appellant.

Court of Appeals of Ohio, Fifth District, Tuscarawas County.

DATE OF JUDGMENT ENTRY: March 26, 2009.


Attorney(s) appearing for the Case

Amanda K. Spies, Prosecuting Attorney, Robert C. Urban, Jr., Assistant Prosecutor, 125 East High Avenue, New Philadelphia, Ohio 44663, for Plaintiff-Appellee.

Richard W. Hinig, 217 North Broadway, New Philadelphia, Ohio 44663, for Defendant-Appellant.

Judges: Hon. William B. Hoffman, P.J., Hon. John W. Wise, J., Hon. Julie A. Edwards, J.


OPINION

Wise, J.

{¶1} Appellant Sean Kennedy appeals his conviction on two felony OVI counts in the Court of Common Pleas, Tuscarawas County. Appellee is the State of Ohio. The relevant facts leading to this appeal are as follows.

{¶2} On June 9, 2007, Trooper Clinton Armstrong of the Ohio State Highway Patrol observed appellant driving erratically and with a loud exhaust on West High Avenue in New Philadelphia...

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