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STATE v. SHULL

No. 2008-COA-036.

2009 Ohio 3105

State of Ohio, Plaintiff-Appellant, v. Stephen J. Shull, Defendant-Appellee.

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

DATE OF JUDGMENT ENTRY: June 24, 2009.

Attorney(s) appearing for the Case

Ramona Rogers, Ashland County Prosecutor, Suite 307, Oragen Tree Square, Ashland, OH 44805, For Plaintiff-Appellee.

Douglas A. Milhoan, Box 347, Middlebranch, OH 44652, For Defendant-Appellant.

Before Hon. Sheila G. Farmer, P.J., Hon. W. Scott Gwin, J., Hon. Patricia A. Delaney, J.

OPINION

GWIN, P.J.

{¶1} Appellant Stephen J. Shull appeals the sentence rendered by the Ashland County Court of Common Pleas on the basis that it imposes an unnecessary burden on the state's resources. The following facts give rise to this appeal.

{¶2} On March 20, 2008, Doug McQuate, appellant's probation officer, observed appellant getting into his car and driving away from a bar. Mr. McQuate was aware of the...

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