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STATE v. CUNNINGHAM

NO. 14 BE 0020.

83 N.E.3d 328 (2017)

2017-Ohio-377

STATE of Ohio, Plaintiff-Appellee, v. Kenneth Eugene CUNNINGHAM, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Belmont County, Belmont County.

Dated: February 2, 2017.

Attorney(s) appearing for the Case

Atty. Daniel P. Fry , Belmont County Prosecutor, Atty. Scott Lloyd , Assistant Prosecuting Attorney, 147-A West Main Street, St. Clairsville, Ohio 49350, No brief filed, for Plaintiff-Appellee.

Atty. Rhys Cartwright-Jones , 42 North Phelps Street, Youngstown, Ohio 44503, for Defendant-Appellant.

JUDGES: Hon. Carol Ann Robb, Hon. Gene Donofrio, Hon. Mary DeGenaro

OPINION

{¶ 1} Defendant-Appellant Kenneth Eugene Cunningham Jr. appeals his felony conviction of operating a motor vehicle under the influence (OVI), which was entered in the Belmont County Common Pleas Court after a jury trial. Appellant argues the state failed to present sufficient evidence of the "under...

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