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STATE v. PENCE

C.A. No. 23837.

2010 Ohio 5901

State of Ohio, Plaintiff-Appellee, v. Douglas L. Pence, Defendant-Appellant.

Court of Appeals of Ohio, Second District, Montgomery County.

Rendered on December 3, 2010.

Attorney(s) appearing for the Case

Michele D. Phipps , Atty. Reg. No. 0069829, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

Kristine E. Comunale , Atty. Reg. No. 0062037, Assistant Public Defender, 117 S. Main Street, Suite 400, Dayton, Ohio 45422, Attorney for Defendant-Appellant.

OPINION

McFARLAND, J. (by assignment).

{¶ 1} Appellant, Douglas Pence, appeals from a judgment of the Montgomery County Court of Common Pleas finding him guilty of one count of felony nonsupport of dependents in violation of R.C. 2919.21(B) and sentencing him to a term of community control, based upon the court's determination that Appellant was statutorily ineligible for intervention in lieu of conviction. On appeal...

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