State of Ohio, Plaintiff-Appellant,
v.
Richard D. Gross, Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.https://leagle.com/images/logo.png
Rendered on December 16, 2011.
Rendered on December 16, 2011.
Attorney(s) appearing for the Case
Timothy J. Cole , Atty. Reg. No. 0084117, Assistant Prosecuting Attorney, 301 W. Third Street, 5th Floor, Dayton, Ohio 45422, Attorney for Plaintiff-Appellant.
Adelina E. Hamilton , Atty. Reg. No. 0078595, Assistant Public Defender, 117 S. Main Street, Suite 400, Dayton, Ohio 45422, Attorney for Defendant-Appellee.
Court of Appeals of Ohio, Second District, Montgomery County.
OPINION
DONOVAN, J.
{¶ 1} This matter is before the Court on the Notice of Appeal of the State of Ohio, filed June 1, 2011. On February 15, 2011, Richard D. Gross was indicted for one count of operating a motor vehicle while under the influence ("OVI"), having previously been convicted of OVI five or more times within 20 years, in violation of R.C. 4511.19(A)(1)(a) /4511.19(G)(1)(d), a felony of the fourth degree...
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