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STATE v. KINNISON

C.A. No. 2010 CA 1.

2011 Ohio 6324

State of Ohio, Plaintiff-Appelleem v. Herman E. Kinnison II, Defendant-Appellant.

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

Rendered on December 9, 2011.

Attorney(s) appearing for the Case

R. Kelly Ormsby III , Atty. Reg. No. 0020615, Prosecuting Attorney, Darke County Courthouse, Third Floor, Greenville, Ohio 45331, Attorney for Plaintiff-Appellee.

William F. Oswall Jr. , Atty. Reg. No. 0080597, 810 Sycamore Street, Fifth Floor, Cincinnati, Ohio 45202, Attorney for Defendant-Appellant.

OPINION

FROELICH, J.

{¶ 1} In October 2009, Herman E. Kinnison II pled guilty in the Darke County Court of Common Pleas to one count of trafficking in marijuana, a fifth degree felony. At the plea hearing, Kinnison also admitted that he violated his community control in another case by committing the trafficking offense.

{¶ 2} The plea agreement for the trafficking in marijuana charge provided...

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