STATE v. KELLY

No. 08 CO 23.

2009 Ohio 1509

State of Ohio, Plaintiff-Appellee, v. John W. Kelly, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Columbiana County.

Dated: March 26, 2009.


Attorney(s) appearing for the Case

Robert L. Herron, Prosecuting Attorney, Kyde L. Kelly, Asst. Prosecuting Attorney, Columbiana County Courthouse, 105 S. Market Street, Lisbon, OH 44432, for Plaintiff-Appellee.

John W. Kelly, Pro-se, #534-319, P.O. Box 540, St. Clairsville, OH 43950-0540, for Defendant-Appellant.

Before: Hon. Mary DeGenaro, Hon. Joseph J. Vukovich, Hon. Gene Donofrio.


OPINION

DeGENARO, J.

{¶1} This timely appeal comes for consideration upon the record in the trial court, and the parties' briefs. Pro-se appellant, John W. Kelly, appeals the June 16, 2008 decision of the Columbiana County Court of Common Pleas that denied his petition for post-conviction relief regarding his OVI conviction in Case No. 2007-CR-278.

{¶2} Kelly argues that the sentencing court violated the double...

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