State v. Kelly, 08 Co 23 (3-26-2009)

OPINION

{¶ 1} This timely appeal comes for consideration upon the record in the trial court, and the parties' briefs. Pro-se appellant, John W. Kelly, appeals the June 16, 2008 decision of the Columbiana County Court of Common Pleas that denied his petition for post-conviction relief regarding his OVI conviction in Case No. 2007-CR-278.

{¶ 2} Kelly argues that the sentencing court violated the double jeopardy clause by using the facts that are the basis of this case in order to augment his sentence by an additional two years in a separate OVI case (Case. No. 2007-CR-73), and then using those…