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STATE v. SMOOT

No. 90AP-753.

75 Ohio App.3d 702 (1991)

The STATE of Ohio, Appellee, v. SMOOT, Appellant.

Court of Appeals of Ohio, Franklin County.

Decided August 22, 1991.

Attorney(s) appearing for the Case

Ronald J. O'Brien, City Attorney, Marcee C. McCreary, City Prosecutor, and Thomas K. Lindsey, for appellee.

Charles A. Schneider, for appellant.

STRAUSBAUGH, Judge.

This is an appeal by defendant from a judgment of the Franklin County Municipal Court finding defendant guilty of operating a motor vehicle in violation of R.C. 4511.19(A)(3). The trial court suspended execution of sentence pending the present appeal.

The facts in the present case are not in dispute. On March 16, 1990, at 12:11 a.m., defendant, Lewis R. Smoot, Jr., was operating a motor vehicle southbound on State Route 315 at State Route...

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