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STATE v. ROGERS

No. CT2010-0013.

2010 Ohio 5543

State of Ohio, Plaintiff-Appellee, v. David N. Rogers, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: November 15, 2010.

Attorney(s) appearing for the Case

MARIA KALIS, ASSISTANT PROSECUTOR, 27 North Fifth Street, Zanesville, Ohio 43701, for Plaintiff-Appellee.

PETER N. CULTICE, CULTICE & BROWN, 121 North 4th Street, Zanesville, Ohio 43701, for Defendant-Appellant.

Before: John W. Wise, J., Julie A. Edwards, P. J., Patricia A. Delaney, J.

OPINION

WISE, J.

{¶1} Appellant David N. Rogers appeals from his conviction and sentence, in the Muskingum County Court, for using a firearm while intoxicated. The relevant facts leading to this appeal are as follows.

{¶2} On the night of July 27, 2009, Randy Allen, who resides on Coopermill Road in Muskingum County, was inside his home when he heard multiple gunshots being fired outside. Allen went onto his front...

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