STATE v. RUSSELL

Appellate No. 24802.

2012 Ohio 2336

STATE OF OHIO, Plaintiff-Appellee, v. RANDALL L. RUSSELL, Defendant-Appellant.

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

Rendered on May 25, 2012.


Attorney(s) appearing for the Case

MATHIAS H. HECK, JR. , by ANDREW T. FRENCH , Atty. Reg. #0069384, Montgomery County Prosecutor's Office, Appellate Division, Montgomery County Courts Building, P.O. Box 972, 301 West Third Street, Dayton, Ohio 45422, Attorney for Plaintiff-Appellee.

LUCAS W. WILDER , Atty. Reg. #0074057, 120 West Second Street, Suite 400, Dayton, Ohio 45402, Attorney for Defendant-Appellant.


OPINION

HALL, J.

{¶ 1} Randall Lee Russell appeals from his conviction and sentence following a guilty plea to a charge of operating a motor vehicle while under the influence of alcohol (OVI).

{¶ 2} In his sole assignment of error, Russell contends the trial court abused its discretion in imposing a mandatory fine as part of his third-degree felony OVI sentence. Because he filed a pre-sentence affidavit of indigency...

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