State v. Boucher, Unpublished Decision (07-02-2001)

I concur in the decision reached by the majority. I write separately only to note I find R.C. 2967.191; Moss v. State (January 17, 1986), Ross App. No. 1135, unreported; and State v. Smith (1992), 71 Ohio App.3d 302 inapplicable to the case sub judice because appellant was only convicted of misdemeanor offenses. See, State v. Berger (1984), 17 Ohio App.3d 8.

________________________ JUDGE WILLIAM B. HOFFMAN