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STATE v. LEWIS

No. CA2008-10-045.

2012 Ohio 885

STATE OF OHIO, Plaintiff-Appellee, v. MICHAEL A. LEWIS, JR., Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Clinton County.

March 5, 2012.

Attorney(s) appearing for the Case

Richard W. Moyer, Clinton County Prosecuting Attorney, Andrew McCoy, 103 East Main Street, Wilmington, Ohio 45177, for plaintiff-appellee.

Craig A. Newburger, 477 Forest Edge Drive, South Lebanon, Ohio 45065, for defendant-appellant.

OPINION

POWELL, P.J.

{¶ 1} A defendant convicted of two counts of trafficking in crack cocaine argues for merger of the two counts as allied offenses and reversal of an order to pay a mandatory fine and the cost of his expert witness. We find no merger necessary as the record indicates the two trafficking offenses were not allied offenses committed with the same animus and the order to pay the fine and expert fees was proper, given the...

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