STATE v. MAY

No. 2010 CA 2.

2010 Ohio 4625

State of Ohio, Plaintiff-Appellant, v. Timothy R. May, Defendant-Appellee.

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

DATE OF JUDGMENT ENTRY: September 27, 2010.


Attorney(s) appearing for the Case

Charles Howland, Prosecuting Attorney, Jocelyn Stefancin, Assistant Prosecutor, 60 East High Street, Mt. Gilead, Ohio 43338, for Plaintiff-Appellant.

Robert W. Wilson, 181 South Main Street, Marion, Ohio 43302, for Defendant-Appellee.

Before: Julie A. Edwards, P. J., Sheila G. Farmer, J., John W. Wise, J.


OPINION

WISE, J.

{¶1} Appellant State of Ohio appeals from the conviction and sentencing of Appellee Timothy R. May, in the Richland County Court of Common Pleas, for aggravated vehicular assault and OVI. The relevant facts leading to this appeal are as follows:

{¶2} On the afternoon of June 1, 2008, Appellee May was driving his Chevrolet pickup truck on County Road 20 in Morrow County. With him were his two young...

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