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STATE v. DiPIETRO

No. 09AP-202.

2009 Ohio 5854

State of Ohio, Plaintiff-Appellee, v. Anthony DiPietro, Defendant-Appellant.

Court of Appeals of Ohio, Tenth District, Franklin County.

Rendered on November 5, 2009.

Attorney(s) appearing for the Case

Richard C. Pfeiffer, Jr., City Attorney, Lara N. Baker, City Prosecutor, and Melanie R. Tobias, Appellate Director, for appellee.

Yeura R. Venters, Public Defender, and David L. Strait, for appellant.

DECISION

BRYANT, J.

{¶1} Defendant-appellant, Anthony DiPietro, appeals from a judgment of the Franklin County Municipal Court finding him guilty, pursuant to jury verdict, of violating R.C. 4511.19(A)(1), operating a motor vehicle while under the influence of alcohol. Defendant assigns a single error:

The trial court erred in denying the defense motion for a mistrial when the record demonstrated a violation of R.C. 2945.33.

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