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State v. May

Court of Appeals of Ohio, Fifth District, Ashland

June 7, 2019

STATE OF OHIO Plaintiff-Appellee
v.
DENNIS MAY, JR. Defendant-Appellant

          Appeal from the Court of Common Pleas, Case No. 18-CRI-079

          For Plaintiff-Appellant MATTHEW J. MALONE 10 East Main Street Ashland, OH 44805

          For Defendant-Appellee COLE F. OBERLI 110 Cottage Street Ashland, OH 44805

          JUDGES: Hon. William B. Hoffman, P.J. Hon. Craig R. Baldwin, J. Hon. Earle E. Wise, Jr., J.

          OPINION

          Wise, Earle, J.

         {¶ 1} Defendant-Appellant, Dennis May, Jr., appeals the October 25, and December 12, 2018 judgment entries of the Court of Common Pleas of Ashland County, Ohio denying his motion for intervention in lieu of conviction. Plaintiff-Appellee is state of Ohio.

         FACTS AND PROCEDURAL HISTORY

         {¶ 2} On May 10, 2018, the Ashland County Grand Jury indicted appellant on one count of aggravated possession of drugs in violation of R.C. 2925.11.

         {¶ 3} On June 20, 2018, appellant filed a motion for intervention in lieu of conviction pursuant to R.C. 2951.041. A hearing was held on October 22, 2018. By judgment entry filed October 25, 2018, the trial court found appellant did not meet the requirements for intervention in lieu of conviction.

         {¶ 4} On November 2, 2018, appellant pled guilty to the charge. By judgment entry filed December 12, 2018, the trial court sentenced appellant to one hundred eighty days in jail.

         {¶ 5} Appellant filed an appeal and this matter is now before this court for consideration. Assignment of error is as follows:

         I

         {¶ 6} "THE TRIAL COURT ERRED BY FINDING THAT EXPERT OPINION ON ELIGIBILITY FACTORS WAS NECESSARY IN ORDER TO FIND APPELLANT ELIGIBLE FOR INTERVENTION IN ...


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