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STATE v. TACKETT

C.A. No. 2011-CA-15.

2011 Ohio 6711

State of Ohio, Plaintiff-Appellant, v. Brandon Tackett, Defendant-Appellee.

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

Rendered on December 23, 2011.

Attorney(s) appearing for the Case

Betsy A. Deeds , Atty. Reg. No. 0076747, Assistant Fairborn Prosecutor, 510 West Main Street, Fairborn, OH 45324, Attorneys for Plaintiff-Appellee.

Terry L. Lewis , Atty. Reg. No. 0010324, 111 W. First Street, Suite 1000, Dayton, OH 45402, Attorney for Defendant-Appellant.

OPINION

GRADY, P.J.

{¶ 1} Defendant, Brandon Tackett, appeals from his conviction and sentence for operating a motor vehicle while under the influence of alcohol.

{¶ 2} On May 2, 2010, between 2:00 a.m. and 3:00 a.m., Ohio Highway Patrol Trooper D. Howard was patrolling westbound on Colonel Glenn Highway when he observed Defendant's vehicle back out of a tavern parking lot onto Colonel Glenn Highway ahead of him...

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