STATE v. D.A.

No. 91597.

2009 Ohio 3103

State of Ohio, Plaintiff-Appellant, v. D. A., Defendant-Appellee.

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

RELEASED: June 25, 2009.


Attorney(s) appearing for the Case

William D. Mason, Cuyahoga County Prosecutor, By: Diane Smilanick, Assistant Prosecuting Attorney, The Justice Center, 1200 Ontario Street, Cleveland, Ohio 44113, Attorneys for Appellant.

D. A., pro se, 4432 West 51st Street, Cleveland, Ohio 44144, for Appellee.

Before: Celebrezze, J., Cooney, A.J., and Boyle, J.


JOURNAL ENTRY AND OPINION

FRANK D. CELEBREZZE, JR., J.:

{¶ 1} Appellant, State of Ohio, brings this appeal challenging the court's decision to seal the record of appellee, D. A.,1 in regard to a 1989 felony conviction. The issue presented on appeal is whether appellee is a "first offender," as defined in R.C. 2953.31(A), and thus eligible for expungement. Upon review of the record, and for the reasons set forth...

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