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STATE v. AGOSTA

No. 11-CA-08.

2011 Ohio 5090

State of Ohio, Plaintiff-Appellee, v. Brian P. Agosta, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: September 29, 2011.

Attorney(s) appearing for the Case

STEPHANIE L. HALL , Assistant City Prosecutor, City of Lancaster Law Director's Office, 123 East Chestnut Street, P.O. Box 1008, Lancaster, Ohio 43130, for Plaintiff-Appellee.

SCOTT P. WOOD , Dagger, Johnson, Miller, Ogilvie &, Hampson, 144 East Main Street, P.O. Box 667, Lancaster, Ohio 43130, for Defendant-Appellant.

Before: William B. Hoffman, P.J., Sheila G. Farmer, J., Julie A. Edwards, J.

OPINION

Edwards, J.

{¶1} Appellant, Brian Agosta, appeals a judgment of the Fairfield County Municipal Court convicting him of abusing harmful intoxicants (R.C. 2925.31). Appellee is the State of Ohio.

STATEMENT OF FACTS AND CASE

{¶2} On July 28, 2010, Officer Eric Spiegel of the Lancaster Police Department found appellant asleep or unconscious in the driver's seat of his motor vehicle while stopped at...

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