State v. Clark, 2007-Ca-33 (4-25-2008)

OPINION

{¶ 1} Christopher M. Clark appeals from the judgment of the Municipal Court of Fairborn, Ohio, adopting the Magistrate's Decision from February 12, 2007. At that time, Clark pled guilty to operating a motor vehicle while under the influence of alcohol, in violation of R.C. 4511.19(A)(1)(a), a first degree misdemeanor. Two additional charges were dismissed.

{¶ 2} Clark filed a timely objection to the Magistrate's Decision, in conjunction with a motion to withdraw his guilty plea. In an attached memorandum, Clark argued that the State improperly charged him with operating a motor vehicle…