State v. Kelly, 08-Co-17 (3-5-2009)

OPINION

{¶ 1} Defendant-appellant, John Kelly, appeals from a Columbiana County Common Pleas Court judgment sentencing him to five years in prison and suspending his driver's license for life following his guilty plea to a charge of third-degree felony driving while under the influence.

{¶ 2} A Columbiana County grand jury issued a secret indictment against appellant on March 2, 2007, charging him with one count of driving under the influence of alcohol or drugs (DUI) where appellant had previously been convicted of or pleaded guilty to a fourth-degree felony DUI. This charge was a third-degree…