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STATE v. PHILLIPS

No. CA2008-05-126.

2009 Ohio 1448

State of Ohio, Plaintiff-Appellee, v. Michael Dale Phillips, Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Butler County.

March 30, 2009.

Attorney(s) appearing for the Case

Robin N. Piper, Butler County Prosecuting Attorney, Lina N. Alkamhawi, Government Services Center, 315 High Street, 11th Floor, Hamilton, OH 45011-6057, for plaintiff-appellee.

Scott N. Blauvelt, 246 High Street, Hamilton, OH 45011, for defendant-appellant.

OPINION

POWELL, J.

{¶1} Defendant-appellant, Michael Dale Phillips, appeals his conviction from the Butler County Court of Common Pleas by asserting that his no contest plea was not knowingly, intelligently, and voluntarily made when he was misinformed by the trial court at his plea that he was eligible to be sentenced to a community control sanction instead of prison.

{¶2} Appellant pled no contest to a violation...

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