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STATE v. SMITH

No. 09-CA-55.

2009 Ohio 5651

State of Ohio, Plaintiff-Appellee, v. Jean Claude Smith, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: October 21, 2009.

Attorney(s) appearing for the Case

James J. Mayer, Jr., Prosecuting Attorney, Richland County, Ohio, By: Kirsten L. Pscholka-Gartner, Assistant Richland County Prosecutor, 38 South Park Street, Mansfield, Ohio 44902, for Plaintiff-Appellee.

R. Joshua Brown, 32 Lutz Avenue, Lexington, Ohio 44904, for Defendant-Appellant.

Before: Hon. W. Scott Gwin, P.J., Hon. William B. Hoffman, J., Hon. Patricia A. Delaney, J.

OPINION

HOFFMAN, J.

{¶1} Defendant-appellant Jean Claude Smith appeals his conviction and sentence entered by the Richland County Court of Common Pleas, on two counts of felony DUI, following a jury trial. Plaintiff-appellee is the State of Ohio.

STATEMENT OF THE CASE AND FACTS

{¶2} On October 5, 2006, the Richland County Grand Jury indicted Appellant on one count of DUI, in violation of R.C. 4511.19...

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