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STATE v. CLAYPOOL

No. 11CA006.

2011 Ohio 2296

State of Ohio, Plaintiff-Appellee, v. Brian Claypool, Defendant-Appellant.

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

DATE OF JUDGMENT ENTRY: May 6, 2011.

Attorney(s) appearing for the Case

CHRISTINE C. WILLIAMS, 164 East Jackson Street, Millersburg, OH 44654, for Plaintiff-Appellee.

BRIAN W. BENBOW, 605 Market Street, Zanesville, OH 43701, for Defendant-Appellant.

Before: W. Scott Gwin, P.J., Sheila G. Farmer, J. and Patricia A. Delaney, J.

OPINION

Farmer, J.

{¶1} On November 8, 2010, appellant, Brian Claypool, was charged with speeding in a school zone in violation of R.C. 4511.21. Appellant was charged with driving 40 m.p.h. in a 20 m.p.h. zone.

{¶2} A bench trial commenced on January 12, 2011. Appellant moved for acquittal under Crim.R. 29 after the state's case-in-chief and again at the conclusion of all the evidence. The trial court denied the...

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