State v. Sparks

RUMER, J.,

This matter is before the court on two consolidated cases arising from convictions and sentencings of defendant-appellant in the Franklin County Municipal Court. For the reasons hereafter stated, this court finds that defendant's first and second assignments of error are well-taken. The facts necessary to understand this case are simple, undisputed, and plaintiff-appellee concedes reversal is appropriate.

Defendant was arrested December 21, 1989 and charged with operating a motor vehicle while under the influence in violation of R.C. 4511.19, a misdemeanor of the first degree, and…