STATE v. BENSON

No. 11 CA 10.

2012 Ohio 230

State of Ohio, Plaintiff-Appellee, v. Sean Benson, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: January 23, 2012.


Attorney(s) appearing for the Case

J. MATTHEW DAWSON , 35 South Park Place, Suite 10, Newark, Ohio 43055, for Defendant-Appellant.

Before: W. Scott Gwin, P. J., John W. Wise, J. and Patricia A. Delaney, J.


OPINION

WISE, J.

{¶ 1} Appellant Sean Benson appeals the decision of the Municipal Court of Perry County, which denied his pre-sentence request to withdraw a no contest plea. The relevant facts leading to this appeal are as follows.

{¶ 2} On or about May 27, 2011, following an altercation with his mother-in-law, appellant was charged with assault, R.C. 2903.13(A), a misdemeanor of the first degree. On May 31, 2011...

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