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State v. McBride

Court of Appeals of Ohio, Fifth District

August 7, 2013

STATE OF OHIO Plaintiff-Appellee
v.
MICHAEL C. MCBRIDE Defendant-Appellant

Appeal from the Municipal Court, Case No. 06-CR-B-00626AB

For Plaintiff-Appellee THOMAS R. GILMAN

For Defendant-Appellant MICHAEL C. MCBRIDE, Pro Se

JUDGES: Hon. Sheila G. Farmer, P.J., Hon. John W. Wise, J.. Hon. Patricia A. Delaney, J.

OPINION

Farmer, P.J.

(¶1} On May 22, 2006, appellant, Michael McBride, was charged with obstructing official business in violation of R.C. 2921.31 and resisting arrest in violation of R.C. 2921.33. Appellant was found guilty of the charges on September 20, 2006, and was subsequently sentenced to 180 days in jail with 120 days suspended.

(¶2} On July 16, 2012, appellant filed a motion to seal record of conviction. A hearing was held on January 11, 2013. At the conclusion of the hearing, the trial court denied the motion.

(¶3} Appellant filed an appeal and this matter is now before this court for consideration. Assignments of error are as follows:

I

(¶4} "THE LOWER COURT ERRORED (SIC) AS A MATTER OF LAW BY NOT GRANTING A SEALING OF RECORD UNDER R.C. 2953.32."

II

(¶5} "THE LOWER COURT ERRORED (SIC) AS A RESULT OF ABUSING ITS DISCRETION BY NOT GRANTING A SEALING OF RECORD."

III

(ΒΆ6} "THE LOWER COURT ERRORED (SIC) AS A MATTER OF LAW BY NOT GRANTING A SEALING OF RECORD UNDER THE OHIO CONSTITUTION 1.09, AND THE EIGHTH ...


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