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STATE v. SMATHERS

No. 95CA1690.

113 Ohio App.3d 155 (1996)

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

Court of Appeals of Ohio, Fourth District, Athens County.

Decided July 29, 1996.

Attorney(s) appearing for the Case

Garry E. Hunter, Director of Law, and George P. McCarthy, Athens City Prosecutor, for appellant.

Mollica, Gall, Sloan & Sillery Co., L.P.A., for appellee.

HARSHA, Judge.

The state of Ohio has been granted leave to appeal the decision of the Athens County Municipal Court which suspended part of the fine it imposed against Samuel Smathers for furnishing alcohol to a minor. The state assigns the following error:

"The trial court's suspension of $475 of a $500 mandatory fine was arbitrary, unreasonable and capricious."

Smathers entered a plea of no contest...

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