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STATE v. McKINNEY

No. 11-CA-26.

2011 Ohio 3951

State of Ohio, Plaintiff-Appellee, v. Derrian R. Mckinney, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: August 10, 2011.

Attorney(s) appearing for the Case

JOSEPH E. SCHMANSKY 0071860, 70 N. Union Street, Delaware, Ohio 43015, for Plaintiff-Appellee.

SHAWN R. DOMINY 0068108, 3837 Attucks Drive, Powell, Ohio 43065, for Defendant-Appellant.

Before: William B. Hoffman, P.J., Sheila G. Farmer, J., Patricia A. Delaney, J.

OPINION

DELANEY, J.

{¶1} Defendant-Appellant, Derrian McKinney, appeals the judgment of the Delaware County Municipal Court, convicting him of one count of Operating a Vehicle under the Influence ("OVI"), a misdemeanor of the first degree, in violation of R.C. 4511.19(A)(1)(j)(8)(i). The State of Ohio is Plaintiff-Appellee.

{¶2} On September 23, 2010, Appellant was arrested for OVI and was charged with three counts...

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