STATE v. KLEMPAY

No. 10 MA 129.

2011 Ohio 2643

State of Ohio, Plaintiff-Appellee, v. Mark Klempay, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: May 20, 2011.


Attorney(s) appearing for the Case

Attorney Paul J. Gains , Prosecuting Attorney, Attorney Ralph M. Rivera , Assistant Prosecuting Attorney, 21 W. Boardman St., 6th Floor, Youngstown, OH 44503, for Plaintiff-Appellee.

Attorney Jeffrey A. Kurz , 42 N. Phelps Street, Youngstown, OH 44503, for Defendant-Appellant.

Before: Mary DeGenaro, Cheryl L. Waite, Joseph J. Vukovich.


OPINION

DeGENARO, J.

{¶1} Defendant-Appellant, Mark Klempay, appeals the July 14, 2010 judgment of Mahoning County Court No. 4, denying his application to expunge his misdemeanor assault conviction. Klempay argues that the trial court erred by concluding that R.C. 2903.13 misdemeanor assault convictions are ineligible for expungement. The State has filed a "Confession of Judgment," conceding that the trial court erred.

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