State v. Hubbs

Vukovich, Judge.

{¶ 1} Defendant-appellant, Thomas Hubbs, appealed the decision of the Colum-biana County Common Pleas Court, finding him guilty of one count of driving under the influence (“DUI”) in violation of R.C. 4511.19(A)(l)(i). Counsel for Hubbs filed no merit brief and requested leave to withdraw.

{¶ 2} On September 29, 2010, this court found that there was an appealable issue, and based on the Supreme Court’s decision in Elevators Mut. Ins. Co. v. J. Patrick O’Flaherty’s, 125 Ohio St.3d 362, 2010-Ohio-1043, 928 N.E.2d 685, we vacated the no-contest plea and conviction and remanded the…