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STATE v. KENNEDY

Appellate No. 2011-CA-3.

2011 Ohio 4291

State of Ohio, Plaintiff-Appellee, v. Dale A. Kennedy, Defendant-Appellant.

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

Rendered on August 26, 2011.

Attorney(s) appearing for the Case

NICK A. SELVAGGIO , Atty. Reg. #0055607, 200 North Main Street, Urbana, Ohio 43078, Attorney for Plaintiff-Appellee.

JOSHUA S. CARTER , Atty. Reg. #0084925, 5405 Fairford Court, Dayton, Ohio 45414, Attorney for Defendant-Appellant.

OPINION

FAIN, J.

{¶ 1} Defendant-appellant Dale Kennedy appeals from his conviction and sentence for Operating a Motor Vehicle While Under the Influence of Alcohol or Drugs (OVI), in violation of R.C. 4511.19(A)(1)(a) and (G)(1)(d)(i), with a specification under R.C. 2941.1413 that Kennedy had at least five prior convictions of a similar nature within the past twenty years.

{¶ 2} Kennedy contends that because he...

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